Sec. 20-20. Admission of wills attested to by a remote witness.
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/il/chapter-755/act-6/20-20A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 20-20. Admission of wills attested to by a remote witness.
(a)A will, other than a will signed under Section 15-20, attested to by one or more remote witnesses is sufficiently proved to be admitted to probate when each of at least 2 of the attesting witnesses make the statements described in subsection (b), and if the testator appointed a person to attach any separate signature pages, attestation clauses, or affidavits forming a part of a paper copy of an electronic will or paper document, each appointed person, other than the testator, makes the statements described in subsection (d).
(b)Each attesting witness shall state that:
(1)the attesting witness was present and saw the testator or some person in the
testator's presence and by the testator's direction sign the will in the presence of the witness or the testator acknowledged it to the witness as the testator's act;
(2)the will was attested to by the witness in the presence of the testator;
(3)the witness believed the testator to be of sound mind and memory at the time of
signing or acknowledging the will; and
(4)if the attesting witness is a remote witness, the method used to determine the
testator's identity.
(c)The statements of an attesting witness under subsection
(b)may be made by:
(1)testimony before the court;
(2)an attestation clause signed by the witness and attached to the will within 10
business days of the execution;
(3)an affidavit that is signed by the witness at the time of attestation and is
attached to the will within 10 business days; or
(4)an affidavit that is signed after the time of attestation and is attached to an
accurate copy of the will.
(d)Any person appointed by the testator to attach to the will the witnesses' signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same shall state:
(1)that the signed signature pages, attestation clauses, or affidavits forming a part
of the will or copies of the same were attached within 10 business days of each witness's attestation;
(2)that the person attached the signed signature pages, attestation clauses, or
affidavits forming a part of the will or copies of the same to the testator's complete and correct will; and
(3)if the signed signature pages, attestation clauses, or affidavits forming a part of
the will were signed as electronic records, the statements required to certify the paper copies of the electronic records under Section 10-10.
(e)The statements under subsection
(d)by any person, other than the testator, attaching the attesting witnesses signature pages, attestation clauses, affidavits, or copies of the same may be made by:
(1)testimony before the court;
(2)a written statement certified under Section 1-109 of the Code of Civil Procedure
that is signed and attached to the will when attaching the signature pages, attestation clauses, affidavits of the witnesses, or copies of the same; or
(3)an affidavit signed at or after the time of attaching the signature pages,
attestation clauses, affidavits of the witnesses, or copies of the same and attached to the will or an accurate copy of the will.