Am I Too Late to Make a Will?

It is common for people to assume that they do not need to think about making a will until they are older or until they are dealing with certain health issues. Some people even think that they do not need a will at all unless they have a significant amount of assets of high market value or unless they own real property. While these are common misconceptions — to be clear, every adult, regardless of age, health, and economic status, should make a will — they often result in people wanting to make a will at what feels like the last minute. You may already know that if you die without a will, the intestacy law in Illinois will apply, and your assets will be distributed according to the state. In those situations, the people who you want to have your assets ultimately may not receive them.

Whether you are getting older and are concerned about not having a will, or you have recently been diagnosed with a serious medical condition, you now might be wondering: am I too late to make a will? For most people who are asking this question, it is not too late. Our Oak Park estate planning lawyers can tell you more.

Requirements for Making a Will in Illinois

In order to make a will, in general, you do not need to meet any requirements concerning your physical health (although mental and memory health can raise issues, as we will explain) or your age. Instead, under Illinois law, the following are the only requirements in order to make a valid will in Illinois:

  • You must be at least 18 years old; and
  • You must be of sound mind and memory.

The first requirement is easy to understand, but what does it mean to be “of sound mind and memory”? This requirement does not mean that you will be unable to make a will if you are experiencing a normal amount of age-related forgetting or if your adult children argue that you are no longer doing the best job paying your bills. Unless you have been diagnosed with dementia that is in an advanced stage, or a court has made a determination of incompetency or mental disability, you will likely be able to make a will even if you are very unwell physically or of a much older age.

Same Requirements for Revising a Will

Many people who have existing wills are equally concerned about whether it is too late to make a change to their will. Family issues might have arisen since the will was made, or new family members might have been born into the family. Accordingly, you might have an urgent need to make changes to your will. The same requirements for making a will (discussed above) apply to revising a will or adding a codicil. In other words, as long as you are at least 18 years old and “of sound mind and memory,” you will be able to make changes to your will.

Signing Issues

Your will also must be signed in front of two witnesses, and it is important to note that Illinois does not permit oral wills, handwritten wills (known as holographic wills), video wills, or audio wills. As such, if it is urgent to make a will or to make a change to your will, you should get in touch with an attorney as soon as possible to ensure that your will is properly written and properly signed.

Contact an Oak Park Estate Planning Attorney

Do you need help making a will or revising a will? One of our Oak Park estate planning attorneys can assist you. Contact the Emerson Law Firm today.



See Related Blog Posts:

Unmarried Couples and Estate Planning

Should I Give Away My Property Before Death Instead of Making a Will?

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