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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1761 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 755 ILCS 5/4-1 | from Ch. 110 1/2, par. 4-1 |
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Amends the Probate Act of 1975. Makes a technical change to a Section
concerning a testator's capacity.
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| | A BILL FOR |
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| | HB1761 | | LRB100 03400 HEP 13405 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Section 4-1 as follows:
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| 6 | | (755 ILCS 5/4-1) (from Ch. 110 1/2, par. 4-1)
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| 7 | | Sec. 4-1. Capacity of testator. |
| 8 | | (a) Every person who has attained the the age
of 18 years |
| 9 | | and is of sound
mind and memory has power to bequeath by will |
| 10 | | the real and personal estate which he
has at the time of his |
| 11 | | death.
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| 12 | | (b) Except as stated herein, there is a rebuttable |
| 13 | | presumption that a will or codicil is void if it was executed |
| 14 | | or modified after the testator is adjudicated disabled under |
| 15 | | Article XIa of this Act and either (1) a plenary guardian has |
| 16 | | been appointed for the testator under subsection (c) of Section |
| 17 | | 11a-12 of this Act or (2) a limited guardian has been appointed |
| 18 | | for the testator under subsection (b) of Section 11a-12 of this |
| 19 | | Act and the court has found that the testator lacks |
| 20 | | testamentary capacity. The rebuttable presumption is overcome |
| 21 | | by clear and convincing evidence that the testator had the |
| 22 | | capacity to execute the will or codicil at the time the will or |
| 23 | | codicil was
executed. The rebuttable presumption does not apply |