Bill Text: IL HB0807 | 2019-2020 | 101st General Assembly | Introduced

Bill Title: Amends the Probate Act of 1975. Makes a technical change to a Section concerning a testator's capacity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0807 Detail]

Download: Illinois-2019-HB0807-Introduced.html

State of Illinois
2019 and 2020

Introduced , by Rep. Michael J. Madigan

755 ILCS 5/4-1 from Ch. 110 1/2, par. 4-1

Amends the Probate Act of 1975. Makes a technical change to a Section concerning a testator's capacity.
LRB101 03725 LNS 48733 b


HB0807LRB101 03725 LNS 48733 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 the age of 18 years
9and is of sound mind and memory has power to bequeath by will
10the real and personal estate which he has at the time of his
12 (b) Except as stated herein, there is a rebuttable
13presumption that a will or codicil is void if it was executed
14or modified after the testator is adjudicated disabled under
15Article XIa of this Act and either (1) a plenary guardian has
16been appointed for the testator under subsection (c) of Section
1711a-12 of this Act or (2) a limited guardian has been appointed
18for the testator under subsection (b) of Section 11a-12 of this
19Act and the court has found that the testator lacks
20testamentary capacity. The rebuttable presumption is overcome
21by clear and convincing evidence that the testator had the
22capacity to execute the will or codicil at the time the will or
23codicil was executed. The rebuttable presumption does not apply

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1if the will or codicil was completed in compliance with
2subsection (d-5) of Section 11a-18 of this Act. This subsection
3(b) applies only to wills or codicils executed or modified
4after the effective date of this amendatory Act of the 99th
5General Assembly.
6(Source: P.A. 99-302, eff. 1-1-16.)