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(755 ILCS 5/8-1)
(from Ch. 110 1/2, par. 8-1)
admission of will to probate; notice.
(a) Within 6 months after the admission
to probate of a domestic will in accordance with the provisions
of Section 6-4, or of a foreign will in accordance with the provisions of
Article VII, any interested person may file a petition in the proceeding
for the administration of the testator's estate or, if no proceeding is
in the court in which the will was admitted to probate, to contest the validity
of the will.
(b) The petitioner shall cause a copy of the petition to be mailed or
to the representative, to his or her
record, and to each heir and legatee whose name is listed in the petition to
admit the will to probate and in any amended petition filed in accordance with
at the address stated in the petition or amended petition. Filing a
pleading constitutes a waiver of the mailing or delivery of the notice to the
person filing the pleading. Failure to mail or deliver a copy of the petition
to an heir or a legatee does not extend the time within which a petition to
the will may be filed under subsection (a) of this Section or affect the
validity of the judgement entered in the proceeding.
(c) Any contestant or proponent may demand a
trial by jury. An issue
shall be made whether or not the instrument produced is
the will of the testator. The contestant shall in the first instance proceed
with proof to establish the invalidity of the will. At the close of the
contestant's case, the proponent may present evidence to sustain the will.
An authenticated transcript of the testimony of any witness taken at the
time of the hearing on the admission of the will to probate, or an affidavit
of any witness received as evidence under subsection 6-4(b), is admissible in
(d) The right to institute or continue a proceeding to contest the validity
of a will survives and descends to the heir, legatee, representative, grantee
or assignee of the person entitled to institute the proceeding.
(e) It is the duty of the representative to defend a proceeding to contest
the validity of the will. The court may order the representative to defend
the proceeding or prosecute an appeal from the judgment. If the representative
fails or refuses to do so when ordered by the court, or if there is no
representative then acting, the court, upon its
motion or on application of any interested person, may appoint a special
administrator to defend or appeal in his stead.
(f) An action to set aside or contest the validity of a revocable inter
vivos trust agreement or declaration of trust to which a legacy is provided by
the settlor's will which is admitted to probate shall be commenced within and
not after the time to contest the validity of a will as provided in
subsection (a) of this Section
and Section 13-223 of the Code of Civil Procedure.
(g) This amendatory Act of 1995 applies to pending cases as well as cases
commenced on or after its effective date.
(Source: P.A. 89-364, eff. 8-18-95.)