With near universal access to social media and online connectivity, younger clients in particular frequently ask if they can make a Last Will And Testament by video. While this seems like a reasonable approach, Illinois law does not recognize a video Will as an enforceable tool for estate planning.
To be sure, a video or other recording of your wishes may be thoughtful for your family or friends. It may even help to be descriptive of the expressions stated in your Will. But Illinois law requires that to be enforceable a Last Will and Testament should be memorialized in a written or typed document. And your Will must be signed by you in the presence of two witnesses who also sign the Will and state their opinion that at the time of signing they believe that you are of sound mind and memory.
If your Will is prepared in a document, as required in Illinois, it is now possible however for the Will to be executed and witnesses remotely by electronic means. The Illinois Electronic Wills And Remote Witnesses Act recognizes the validity of an electronic Will that is executed by the Will’s maker (the testator) or executed on the testator’s behalf in the testator’s presence and at the testator’s direction, provided that the Will is also attested to in the testator’s presence by 2 or more credible witnesses.
Specific restrictions and requirements apply. Talk with your attorney about available options and the other important considerations that you should review.
