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Intestacy, Wills, and Donative Transfers Intestate succession of property; procedures for making, interpretation, and revocation of wills (includes Statutory rule against perpetuities and Uniform Simultaneous Death Act )
This is an accepted version of this page This is the latest accepted revision, reviewed on 19 January 2025. Legal declaration where a person distributes property at death "Last Will" redirects here. For the film, see Last Will (film). This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of ...
Illinois Appellate Court decisions from before 1935 are not binding. [13] Illinois Circuit Court decisions are not published, [14] but jury verdicts and settlements are published in the monthly Illinois Jury Verdict Reporter, with regular updates from the Chicago Daily Law Bulletin, and the weekly Cook County Jury Verdict Reporter. [15]
A will is required to be in writing with two witnesses. Wills that do not meet these conditions can still be judged to be legally valid. In 2013, a court ruled that a DVD labeled "my will" was legally binding; [67] in 2017, the Supreme Court of Queensland ruled that an unsent text message was a valid will. [62]
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
In Olins v Walters [2009] 2 WLR 1 C.A. [6] the Court of Appeal has held that although it is a necessary condition for mutual wills that there is clear and satisfactory evidence of a contract between the testators, it is a legally sufficient condition that the contract provides, in return for one testator agreeing to make a will in a particular ...