Wills/Trusts

A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution for his property at death. A will may also create a testamentary trust that is effective only after the death of the testator.

wills and trusts books

  • The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” of the face of the document.
  • The testator should declare that he revokes all previous wills and codicils.
  • The testator may demonstrate that he has the capacity to dispose of his property (“sound mind”), and does so freely and willingly.
  • The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).
  • The testator’s signature must be placed at the end of the will.
  • One or more beneficiaries (divisees, legatees) must generally be clearly stated in the text.
Copyright 2016 by The Law Offices of Damon La Porte, P.C.
The Law Offices of Damon La Porte, P.C. is based in Cook County, Illinois. The firm serves clients in the West Suburbs and other parts of Chicagoland, including Oak Park, River Forest, Forest Park, Elmwood Park, Stone Park, Chicago, La Grange, Bellwood, River Grove, Melrose Park, Galewood, Berwyn, Franklin Park, Cicero, Maywood and DuPage County.