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could this be conflict of interest?

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W

wundering

Guest
What is the name of your state? Illinois

Does anyone know if there is a mandatory number of witnesses that must be present and sign on a persons last will and testament, in Illinois? and also is it a conflict of interest if one of the witnesses is the attorney filing the will,(a personal friend)?

and thanks to all who responded to a prior question a few weeks ago. i so very much appreciate your time and advice, sometimes deadend searches become so frustrating, i am glad to have a forum like this available to me...have a blessed holiday!!!
 


Dandy Don

Senior Member
There must be a minimum of 2 witnesses.

Since the law is a bit complex, only an attorney can tell you for sure whether this attorney will inherit. But I'm willing to bet that since he should know the law, that he probably did insure that 2 other witnesses were present, didn't he?

DANDY DON IN OKLAHOMA ([email protected])
 
Last edited:

JETX

Senior Member
In Illinois:
Signing and attestation.
(a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses.
(b) A will that qualifies as an international will under the Uniform International Wills Act is considered to meet all the requirements of subsection (a).
Illinois Code 755 ILCS 5/4-3.

Beneficiary or creditor as witness.
(a) If any beneficial legacy or interest is given in a will to a person attesting its execution or to his spouse, the legacy or interest is void as to that beneficiary and all persons claiming under him, unless the will is otherwise duly attested by a sufficient number of witnesses as provided by this Article exclusive of that person and he may be compelled to testify as if the legacy or interest had not been given, but the beneficiary is entitled to receive so much of the legacy or interest given to him by the will as does not exceed the value of the share of the testator's estate to which he would be entitled were the will not established.
(b) No individual or corporation is disqualified to act or to receive compensation for acting in any fiduciary capacity with respect to a will of a decedent by reason of the fact that any employee or partner of such individual or any employee or shareholder of such corporation attests the execution of the will or testifies thereto. No attorney or partnership of attorneys is disqualified to act or to receive compensation for acting as attorney for any fiduciary by reason of the fact that the attorney or any employee or partner of the attorney or partnership attests the execution of the will or testifies thereto.
(c) If real or personal estate is charged with any debt by a will and the creditor whose debt is so secured attests the execution of the will, the creditor may testify to its execution.
Illinois Code 755 ILCS 5/4-6.
 

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