Mutual Wills or Last Will and Testaments for Unmarried Persons living together with Minor Children - Illinois 2025

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The three ways in which a will can be properly revoked include: By subsequent instrument (called implied revocation or express revocation) By destroying the old will. By operation of law.
The will was not properly executed: In order for a will to be valid in Illinois, it must be executed while the creator (the testator) is of sound mind and over the age of 18 in the presence of two witnesses, also of sound mind and over the age of 18, who must contemporaneously sign the will.
In Illinois, there are a few ways to legally declare a will void or revoke it after it is officially documented. Forming a new will that contradicts the previous will. Forming a new will that directly declares the previous will as invalid. Destroying the original will.
Beneficiary Designation Takes Precedence Over A Will.
In Illinois, as in other states, Joint Wills are often utilized by couples with shared assets and mutual beneficiaries, aiming to simplify the inheritance process.
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If a court finds that an individual is suffering from dementia, is under the influence of drugs or alcohol, or is incapable of understanding the document being executed for some other reason, the court may invalidate the will on the grounds that the individual does not have testamentary capacity.
A joint will is a single document signed by two people (typically spouses) that serves as the will for both individuals. Mutual wills are separate documents created by two people with reciprocal terms, often with an agreement that the surviving person wont change their will after the first person dies.

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