Bill Text: IL HB5770 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Provides that Act may be referred to as the Guardianship Advocacy in Litigation Act (the GAIL Act). Amends the Probate Act of 1975. Makes a technical change in a Section concerning contesting the admission of a will to probate.

Sponsorship: Bipartisan Bill

Status: (Introduced) 2026-05-12 - Referred to Rules Committee [HB5770 Detail]

Download: Illinois-2025-HB5770-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5770 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1
Provides that Act may be referred to as the Guardianship Advocacy in Litigation Act (the GAIL Act). Amends the Probate Act of 1975. Makes a technical change in a Section concerning contesting the admission of a will to probate.
LRB104 21831 JRC 37612 b
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 1. This Act may be referred to as the Guardianship
Advocacy in Litigation Act (the GAIL Act).
Section 5. The Probate Act of 1975 is amended by changing
Section 8-1 as follows:
(755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
Sec. 8-1. Contest of admission of will to probate; notice.
(a) Within 6 months after the the admission to probate of a
domestic will in accordance with the provisions of Section 6-4
or Section 20-20 or 20-25 of the Electronic Wills, Electronic
Estate Planning Documents, and Remote Witnesses Act, or of a
foreign will in accordance with the provisions of Article VII
of this Act, any interested person may file a petition in the
proceeding for the administration of the testator's estate or,
if no proceeding is pending, 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 delivered to the representative, to his or her
attorney of record, and to each heir and legatee whose name is
listed in the petition to admit the will to probate and in any

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amended petition filed in accordance with Section 6-11, 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 contest the will
may be filed under subsection (a) of this Section or affect the
validity of the judgment 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 or
other party taken at the time of the hearing on the admission
of the will to probate, or an affidavit of any witness or other
party received as evidence under subsection 6-4(b), paragraphs
(c) and (e) of Section 20-20 of the Electronic Wills,
Electronic Estate Planning Documents, and Remote Witnesses
Act, or Section 20-25 of the Electronic Wills, Electronic
Estate Planning Documents, and Remote Witnesses Act, is
admissible in evidence.
(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

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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. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)