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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3038
Introduced 2/6/2004, by Larry K. Bomke SYNOPSIS AS INTRODUCED:
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755 ILCS 5/4-7 |
from Ch. 110 1/2, par. 4-7 |
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Amends the Probate Act of 1975. Provides that the dissolution of marriage or the declaration of invalidity of marriage of the testator shall not revoke the legacy or interest or power of appointment given to a former spouse in a will, if the deceased ex-spouse has not remarried, and if the surviving ex-spouse proves that the deceased ex-spouse continued to intend the surviving ex-spouse to take under the terms of the will and continued to intend that the ex-spouse act as executor.
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A BILL FOR
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SB3038 |
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LRB093 20868 LCB 46813 b |
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| AN ACT concerning probate.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing |
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| Section 4-7 as follows:
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| (755 ILCS 5/4-7) (from Ch. 110 1/2, par. 4-7)
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| Sec. 4-7. Revocation - revival.) |
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| (a) A will may be revoked only (1)
by burning, cancelling, |
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| tearing or obliterating it by the testator
himself or by some |
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| person in his presence and by his direction and
consent, (2) by |
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| the execution of a later will declaring the revocation,
(3) by |
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| a later will to the extent that it is inconsistent with the |
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| prior
will or (4) by the execution of an instrument declaring |
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| the revocation
and signed and attested in the manner prescribed |
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| by this Article for the
signing and attestation of a will.
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| (b) No will or any part thereof is revoked by any change in |
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| the
circumstances, condition or marital status of the testator, |
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| except that
dissolution of marriage or declaration of |
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| invalidity
of the marriage of the testator revokes every
legacy |
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| or interest or power of appointment given to or nomination to
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| fiduciary office of the testator's former spouse in a will |
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| executed
before the entry of the judgment of dissolution of |
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| marriage or declaration
of invalidity of marriage and the will
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| takes effect in the same manner as if the former spouse had |
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| died before
the testator with the following exception: if the |
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| deceased ex-spouse has not remarried, the surviving ex-spouse |
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| shall be given the opportunity to prove that the deceased |
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| ex-spouse continued to intend that the surviving ex-spouse take |
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| under the terms of the will and continued to intend the |
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| ex-spouse act as executor.
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| (c) A will which is totally revoked in any manner is not |