Sec. 45. Signing, attestation, and acknowledgment.

294 words·~1 min read·/il/chapter-755/act-27/45

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public. The witnesses shall attest in writing substantially as follows:

(i)that on the date thereof the owner executed the transfer on death instrument in the presence of the witnesses;

(ii)that the owner's execution was his or her own free and voluntary act; and

(iii)that at the time of the execution, the witnesses believed the owner to be of sound mind and memory.

(b)Except as provided in subsection (c), if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is not executed in substantial compliance with subsection

(a)and is void.

(c)If a beneficiary, or his or her spouse, attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary and all persons claiming under him or her is void as to that beneficiary unless the transfer on death instrument is otherwise duly attested by a sufficient number of witnesses as under subsection

(a)exclusive of that person and the notary, and he or she may be compelled to testify as if the interest had not been given, but the beneficiary is entitled to receive so much of the interest or share given to him or her by the transfer on death instrument not to exceed the value or share that he or she would have received had no transfer on death instrument been established.