At Woods & Bates, P.C., we know estate planning isn’t something most people are excited to think about. It’s one of those things that often gets pushed to the bottom of the to-do list—until something happens that makes it impossible to ignore.
One of the most common questions we get from folks starting to think about their will is: Can I just write one by hand?
It’s a fair question. A handwritten will might seem like an easy way to get your wishes on paper without dealing with lawyers or complicated paperwork.
But, before you pick up a pen, it’s important to know what Illinois law requires for a will to hold up in court.
What Makes a Will Valid in Illinois?
Illinois has strict requirements for a will to be legally valid. The state wants to make sure your wishes are honored and that there’s no confusion or disputes after you’re gone. Here’s what Illinois law says a valid will must include:
- It must be in writing. This can be either typed or handwritten.
- It must be signed by the person making the will (the testator). If the testator is physically unable to sign, someone else can sign on their behalf as long as it’s done in their presence and at their direction.
- It must be witnessed by two people. These witnesses must:
- Be at least 18 years old.
- Not be beneficiaries of the will. (This helps avoid any conflicts of interest.)
- The testator must be of sound mind and at least 18 years old. They must understand they are signing a will and have a general idea of their property and family.
These rules apply to any will, whether typed or handwritten.
Can You Write a Will by Hand in Illinois?
Yes, you can write a will by hand, but there are some major pitfalls you should be aware of before relying on one.
1. Handwriting Must Be Clear and Legible
If your will is hard to read, it could create confusion and potential legal challenges. Family members or the court might struggle to interpret your wishes, which could lead to disputes.
2. It Must Be Properly Witnessed
Illinois does not recognize unwitnessed handwritten wills, also known as holographic wills. Some states allow these, but Illinois does not. If you write a will by hand and don’t have two witnesses sign it, it won’t be valid.
3. Risk of Mistakes
Most people who write their own wills leave out important details without realizing it. This can lead to unintended consequences like assets going to the wrong people, loved ones facing unnecessary legal hurdles, or disputes among heirs.
What Happens if a Handwritten Will Doesn’t Meet Illinois’ Requirements?
If a handwritten will doesn’t meet Illinois’ legal requirements, it won’t hold up in court. That means your estate will be distributed as if you never had a will at all which could be completely different from what you wanted.
When someone dies without a valid will in Illinois, state law decides who inherits their assets based on intestacy laws. Typically, this means:
- If you’re married, your spouse and children split your assets.
- If you don’t have a spouse or children, your parents and siblings inherit.
- If you have no close family, more distant relatives may receive your estate.
For most people, this isn’t what they want. A simple mistake like forgetting to have witnesses sign your will—could lead to a completely different outcome than you intended.
Why a Professionally Drafted Will is Worth It
While a handwritten will might be legally valid if done correctly, it’s rarely the best option. Even small mistakes can cause major headaches for your family. A well-drafted will ensures that:
✅ Your wishes are carried out exactly as you intended.
✅ There are no legal gray areas that could lead to disputes.
✅ Your family avoids unnecessary stress, legal fees, and delays.
At Woods & Bates, P.C., we help make the process as easy as possible. You don’t have to handle Illinois’ estate laws on your own—we’re here to walk you through everything and make sure your will is solid and legal and protects the people you care about.
Let’s Get It Right the First Time
If you’re thinking about writing a will whether handwritten or not why leave it to chance? The last thing you want is for your family to deal with legal headaches after you’re gone. A properly drafted will gives you peace of mind and makes things easier for the people you leave behind.
We’re here to help. Call us at 217-735-1234 or schedule a consultation today to ensure your will meets Illinois legal requirements and does exactly what you want it to do.