Bill Status of SB0090  99th General Assembly


Short Description:  PROBATE-DISABLED PERSONS-WILLS

Senate Sponsors
Sen. Ira I. Silverstein and Martin A. Sandoval

House Sponsors
(Rep. Peter Breen )

Last Action
DateChamber Action
  8/6/2015SenatePublic Act . . . . . . . . . 99-0302

Statutes Amended In Order of Appearance
755 ILCS 5/4-1from Ch. 110 1/2, par. 4-1


Synopsis As Introduced
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.

Senate Committee Amendment No. 1
Adds reference to:
755 ILCS 5/11a-18from Ch. 110 1/2, par. 11a-18

Replaces everything after the enacting clause. Amends the Probate Act of 1975. Provides that there is a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled. Provides that the rebuttable 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, and that the rebuttable presumption does not apply if the will or codicil was executed in compliance with a court order. Provides that upon a verified petition by the plenary or limited guardian of the estate or the request of the ward that is accompanied by a current physician's report that states the ward possesses testamentary capacity, the court may enter an order authorizing the ward to execute a will or codicil. Provides that the court shall authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil.

House Floor Amendment No. 1
Adds a requirement that either a plenary guardian be appointed for a testator who has been adjudicated disabled or a limited guardian has been appointed for a testator and a court has found that the testator lacks testamentary capacity before a rebuttable presumption arises that a will or codicil is void if the will or codicil was executed or modified after the testator is adjudicated disabled under Article XIa of the Probate Act of 1975.

Actions 
DateChamber Action
  1/28/2015SenateFiled with Secretary by Sen. Ira I. Silverstein
  1/28/2015SenateFirst Reading
  1/28/2015SenateReferred to Assignments
  2/11/2015SenateAssigned to Judiciary
  2/18/2015SenatePostponed - Judiciary
  3/4/2015SenatePostponed - Judiciary
  3/11/2015SenatePostponed - Judiciary
  3/18/2015SenatePostponed - Judiciary
  3/20/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  3/20/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/24/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/24/2015SenateSenate Committee Amendment No. 1 Adopted
  3/24/2015SenateDo Pass as Amended Judiciary; 012-000-000
  3/24/2015SenatePlaced on Calendar Order of 2nd Reading March 25, 2015
  4/15/2015SenateSecond Reading
  4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015
  4/16/2015SenateThird Reading - Passed; 055-000-000
  4/16/2015HouseArrived in House
  4/16/2015HouseChief House Sponsor Rep. Peter Breen
  4/16/2015HouseFirst Reading
  4/16/2015HouseReferred to Rules Committee
  4/27/2015HouseAssigned to Judiciary - Civil Committee
  5/6/2015HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-000-000
  5/6/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/11/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Peter Breen
  5/11/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/13/2015HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/19/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
  5/19/2015HouseSecond Reading - Short Debate
  5/19/2015HouseHouse Floor Amendment No. 1 Adopted
  5/19/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  5/21/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/25/2015HouseThird Reading - Short Debate - Passed 106-000-000
  5/25/2015SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/25/2015SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 26, 2015
  5/27/2015SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/27/2015SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2015SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/28/2015SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 011-000-000
  5/30/2015SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  5/31/2015SenateHouse Floor Amendment No. 1 Senate Concurs 059-000-000
  5/31/2015SenateSenate Concurs 059-000-000
  5/31/2015SenatePassed Both Houses
  6/29/2015SenateSent to the Governor
  8/6/2015SenateGovernor Approved
  8/6/2015SenateEffective Date January 1, 2016
  8/6/2015SenatePublic Act . . . . . . . . . 99-0302