Illinois General Assembly - Full Text of SB0090
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Full Text of SB0090  99th General Assembly

SB0090 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0090

 

Introduced 1/28/2015, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/4-1  from Ch. 110 1/2, par. 4-1

    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.


LRB099 05209 HEP 25243 b

 

 

A BILL FOR

 

SB0090LRB099 05209 HEP 25243 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 4-1 as follows:
 
6    (755 ILCS 5/4-1)  (from Ch. 110 1/2, par. 4-1)
7    Sec. 4-1. Capacity of testator.)
8    (a) Every person who has attained the age of 18 years and
9is of sound mind and memory has power to bequeath by will the
10real and personal estate which he has at the time of his death.
11    (b) There is a rebuttable presumption that a will is void
12if it was executed or modified after the testator has been
13adjudicated disabled under Article XIa of this Act and the will
14was executed or modified without court approval. The
15presumption established by this subsection (b) is overcome by
16clear and convincing evidence that the testator had the
17capacity to execute the will or codicil at the time the will or
18codicil was executed.
19(Source: P.A. 80-808.)