QUESTION
Can the fact that the witnesses signed and witness page states the initials cause the will to be invalid?
Asked on Aug 12th, 2014 on Estate Planning - Illinois
More details to this question:
Name was changed to protect the identity. Each page of his will is initialed at the bottom. The end of the will is signed in his full name. However, the witness page states that the above and forgoing instrument was initialed on each page thereof with the initials and was by him signed in the presence of each of us. It has already been submitted to probate.
1 ANSWER
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In Illinois a valid Will requires that the testator sign the Will of his own free volition, that he/she have the legal capacity to sign the Will and that he/she sign the Will in the presence of at least two witnesses. It the witnesses can testify that they watched the testator sign the Will and that they each saw the other witness the Will and that the testator was of sound mind acting freely then the Will is valid. Initialing pages is not required.
Answered on Aug 15th, 2014 at 11:21 AM