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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0090 Introduced 1/28/2015, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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755 ILCS 5/4-1 | from Ch. 110 1/2, par. 4-1 |
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Amends the Probate Act of 1975. Provides that there is a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. Provides that the presumption is overcome by clear and convincing evidence that the
testator had the capacity to execute the will or codicil at the time the will or codicil was executed.
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| | A BILL FOR |
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| | SB0090 | | LRB099 05209 HEP 25243 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,
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| 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 age
of 18 years and |
| 9 | | is of sound
mind and memory has power to bequeath by will the |
| 10 | | real and personal estate which he
has at the time of his death.
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| 11 | | (b) There is a rebuttable presumption that a will is void |
| 12 | | if it was executed or modified after the testator has been |
| 13 | | adjudicated disabled under Article XIa of this Act and the will |
| 14 | | was executed or modified without court approval. The |
| 15 | | presumption established by this subsection (b) is overcome by |
| 16 | | clear and convincing evidence that the
testator had the |
| 17 | | capacity to execute the will or codicil at the time the will or |
| 18 | | codicil was executed. |
| 19 | | (Source: P.A. 80-808.)
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