Illinois law allows you to write your own will. You don’t need a lawyer to create a legally valid document. But just because you can do something doesn’t always mean you should. The question isn’t about legality. It’s about whether a DIY will actually accomplish what you intend.
What Illinois Law Requires For A Valid Will
Illinois has specific requirements for wills. Your will must be in writing. You must be at least 18 years old and of sound mind. You need to sign it in the presence of two credible witnesses, and those witnesses must also sign. That’s the legal minimum under the Illinois Compiled Statutes.
Seems straightforward, right? On paper, it is. In practice, people mess up these requirements more often than you’d think. We’ve seen wills where witnesses were beneficiaries, which creates problems. We’ve seen documents that weren’t properly signed or dated. These technical failures can invalidate the entire will.
Common DIY Will Mistakes
Online templates and fill-in-the-blank forms seem convenient. They’re also where most problems start.
Generic templates use broad language that doesn’t account for your specific situation. Phrases like “my personal property” can lead to disputes. Which personal property? Does that include the car? The jewelry? The baseball card collection? Ambiguity leads to conflict.
People often forget that beneficiary designations on retirement accounts and life insurance policies override what’s in your will. Your will might say everything goes to your spouse, but if your ex is still listed as the beneficiary on your 401(k), that’s where it goes.
Many DIY wills list specific items but forget to address everything else. What happens to assets you acquire after signing the will? Without a residuary clause, those assets might pass through intestacy laws instead of according to your wishes.
Parents often use DIY wills to name guardians for minor children. But they forget to name alternates, or they don’t coordinate with the proposed guardian first. Sometimes the person named can’t or won’t serve, leaving the court to decide.
When DIY Might Work
For some people, a simple will might be enough. If you’re young, have minimal assets, no children, and want everything to go to one person, a basic document could suffice. But that’s a narrow category. Even in simple situations, mistakes happen. Witnessing requirements get botched. People download forms designed for other states. Language that seems clear to you reads differently to a probate judge.
When You Should Hire A Lawyer
Certain situations demand professional guidance. If you own real estate, have minor children, run a business, or want to create a trust, DIY approaches fall short quickly. Blended families need careful planning to balance competing interests. High-value estates require tax planning that templates simply can’t address.
Here are situations where professional help isn’t optional:
- You own property in multiple states
- You want to disinherit someone or limit their inheritance
- Your family situation includes stepchildren, former spouses, or estranged relatives
- You have concerns about someone challenging your will
- You need special needs planning for a disabled beneficiary
A Chicago estate planning lawyer can draft documents that reflect Illinois law while addressing your specific circumstances. We see the consequences of DIY mistakes often enough to know they’re not worth the savings.
The Real Cost Of Getting It Wrong
DIY wills that fail in probate court create expenses that dwarf what you’d pay for proper planning. Your family pays for litigation to interpret unclear terms. They pay for additional court proceedings when technical requirements weren’t met. They deal with delays, stress, and sometimes permanent family rifts over disputes that clear drafting would have prevented.
What Professional Planning Includes
When you work with a Chicago estate planning lawyer, you’re not just buying a document. You’re getting a coordinated plan that includes powers of attorney, healthcare directives, and guidance on beneficiary designations. We review asset titles, explain how everything works together, and make sure your plan actually functions when needed.
At Kravets Law Group, we help clients create wills and estate plans that work. We draft clear documents, explain Illinois requirements, and coordinate all the pieces so nothing falls through the cracks. If you’re considering a DIY will, talk with us first to understand what you might be missing and whether the template approach truly fits your situation.