(755 ILCS 5/6-4) (from Ch. 110 1/2, par. 6-4)
Sec. 6-4.
Admission of will to probate - testimony or affidavit of
witnesses.) (a) When each of 2 attesting witnesses to a will states
that (1) he was present and saw the testator or some person in his
presence and by his direction sign the will in the presence of the
witness or the testator acknowledged it to the witness as his act, (2)
the will was attested by the witness in the presence of the testator and
(3) he believed the testator to be of sound mind and memory at the time
of signing or acknowledging the will, the execution of the will is
sufficiently proved to admit it to probate, unless there is proof of
fraud, forgery, compulsion or other improper conduct which in the
opinion of the court is deemed sufficient to invalidate or destroy the
will. The proponent may also introduce any other evidence competent to
establish a will. If the proponent establishes the will by
sufficient competent evidence, it shall be admitted to probate, unless
there is proof of fraud, forgery, compulsion or other improper conduct
which in the opinion of the court is deemed sufficient to invalidate or
destroy the will.
(b) The statements of a witness to prove the will under subsection 6-4(a)
may be made by (1) testimony before the court, (2) an attestation clause
signed by the witness and forming a part of or attached to the will or (3)
an affidavit which is signed by the witness at or after the time of attestation
and which forms part of the will or is attached to the will or to an accurate
facsimile of the will.
(Source: P.A. 81-213.)
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