(755 ILCS 6/20-20)
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;
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(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
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| signing or acknowledging the will; and
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(4) if the attesting witness is a remote witness, the method used to determine the
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(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
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| business days of the execution;
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(3) an affidavit that is signed by the witness at the time of attestation and is
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| attached to the will within 10 business days; or
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(4) an affidavit that is signed after the time of attestation and is attached to an
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| accurate copy of the will.
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(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
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| of the will or copies of the same were attached within 10 business days of each witness's attestation;
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(2) that the person attached the signed signature pages, attestation clauses, or
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| affidavits forming a part of the will or copies of the same to the testator's complete and correct will; and
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(3) if the signed signature pages, attestation clauses, or affidavits forming a part of
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| the will were signed as electronic records, the statements required to certify the paper copies of the electronic records under Section 10-10.
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(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
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| 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
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(3) an affidavit signed at or after the time of attaching the signature pages,
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| attestation clauses, affidavits of the witnesses, or copies of the same and attached to the will or an accurate copy of the will.
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(Source: P.A. 102-167, eff. 7-26-21.)
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