Bill Text: IL HB1761 | 2017-2018 | 100th General Assembly | Introduced

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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: (Failed) 2019-01-08 - Session Sine Die [HB1761 Detail]

Download: Illinois-2017-HB1761-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB1761 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Section 4-1 as follows:
(755 ILCS 5/4-1) (from Ch. 110 1/2, par. 4-1)
Sec. 4-1. Capacity of testator.
(a) Every person who has attained the the age of 18 years
and is of sound mind and memory has power to bequeath by will
the real and personal estate which he has at the time of his
death.
(b) Except as stated herein, there is a rebuttable
presumption that a will or codicil is void if it was executed
or modified after the testator is adjudicated disabled under
Article XIa of this Act and either (1) a plenary guardian has
been appointed for the testator under subsection (c) of Section
11a-12 of this Act or (2) a limited guardian has been appointed
for the testator under subsection (b) of Section 11a-12 of this
Act and the court has found that the testator lacks
testamentary capacity. 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. The rebuttable presumption does not apply

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