A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.
In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.
Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:
The testator must clearly identify himself or herself 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” on the face of the document.
The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.
The testator may demonstrate that he or she has the capacity to dispose of his or her 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). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.
If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).
The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.
One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.
Illinois is the 25th most extensive and the 5th most populous of the 50 United States, and is often noted as a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal, timber, and petroleum in the south, Illinois has a broad economic base. Illinois is a major transportation hub. The Port of Chicago connects the state to other global ports from the Great Lakes, via the St. Lawrence Seaway, to the Atlantic Ocean; as well as the Great Lakes to the Mississippi River, via the Illinois River. For decades, O’Hare International Airport has ranked as one of the world’s busiest airports. As the “most average state”, Illinois has long had a reputation as a bellwether both in social and cultural terms and politics.
In the 1810s, settlers began arriving from Kentucky. In 1818 Illinois achieved statehood. The state’s population originally grew from south to north. Chicago was founded in the 1830s on the banks of the Chicago River, one of the few natural harbors on southern Lake Michigan. Railroads and John Deere’s invention of the self-scouring steel plow turned Illinois’ rich prairie into some of the world’s most productive and valuable farmlands, attracting immigrant farmers from Germany and Sweden. By 1900, the growth of industrial jobs in the northern cities and coal mining in the central and southern areas attracted immigrants from Eastern and Southern Europe. Illinois was an important manufacturing center during both world wars. The Great Migration established a large community of African Americans in Chicago that created the city’s famous jazz and blues cultures.