I'm in the process of writing my will, with a template I got online. It has three witness fields, but that doesn't mean I need to have three witnesses, right? Just want to make sure.
Also, the executor could be anyone, and he/she does not need to have legal knowledge, correct?
2006-08-18 07:45:50 · 8 answers · asked by musiclover 5 in Politics & Government ➔ Law & Ethics
This is for the state of Illinois.
Also, can the executor be a beneficiary under the will?
2006-08-18 07:55:08 · update #1
Two witnesses, who must see the testator sign his/her will.
The executor is often a beneficiary. No beneficiary or executor can be a witness! The person who drafts the will can generally not be a beneficiary either, unless he/she is a relative and gets no more than s/he would get with no will at all (in intestacy). The executor doesn't need to know anything about law; s/he just has to be honest. The will normally says something like: "I appoint X my executor, and if s/he shall fail to qualify or shall resign or die than I appoint Y my substitute or successor executor, and I declare that my executor need not file any bond."
I strongly advise having a lawyer draft the willl. They don't charge much, and the chances of making a mistake when you write the will are great enough to justify paying for it.
(Louisiana alone has special rules for wills. Vermont as I recall used to require 3 witnesses but no longer. All the other states are more or less uniform.)
2006-08-18 07:58:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You only truly need one - maybe two (depends on the state) witnesses - but they must go before a notary for all signatures. Yes - an executor can be a beneficiary, and can get all the knowledge he/she needs from the state laws on the Internet.
2006-08-18 09:02:59 · answer #2 · answered by Blond Logic 4 · 0⤊ 0⤋
Three witnesses are not compulsory; you may have less than three.
The executor can be absolutely anyone, and no legal knowledge is necessary.
I wish you all the best.
2006-08-18 07:52:59 · answer #3 · answered by Dan 4 · 0⤊ 0⤋
Just to make sure everything is in order and there is no technicality's that someone could dispute. I think a Lawyer in this field would be the best bet. It shouldn't`t cost that much especially if you already have one made out.
2006-08-18 07:55:30 · answer #4 · answered by bill a 5 · 0⤊ 0⤋
Depends on the state. I certainly would take the will and have it noterized too. You should be in agreement with the executor so that they will be aware.
2006-08-18 07:52:40 · answer #5 · answered by T 4 · 0⤊ 0⤋
Every State has it own laws. If you do not follow them exactly, the will will not be vaid.
2006-08-18 07:51:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i dont think so..
any legal documentation like that should be finalized with an attorney .. if you cant afford one... than a notary public.....
2006-08-18 07:53:13 · answer #7 · answered by ﺸÐïåMóñdÐôññåﺸ 5 · 0⤊ 0⤋
not sure but it would be a good idea
2006-08-18 07:50:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋