2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article IV - Wills

(755 ILCS 5/Art. IV heading)
ARTICLE IV
WILLS
(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 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 if the will or codicil was completed in
compliance with subsection (d-5) of  Section 11a-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.)
(755 ILCS 5/4-2) (from Ch. 110 1/2, par. 4-2)
Sec. 4-2. 
		(Repealed).
(Source: P.A. 89-364, eff. 8-18-95. Repealed by P.A. 100-1044, eff. 1-1-19.)
(755 ILCS 5/4-3) (from Ch. 110 1/2, par. 4-3)
Sec. 4-3. 
		Signing and attestation.
(a) Every will shall be in writing, signed by the testator or by some
person in his presence and by his direction and attested in the presence of
the testator by 2 or more credible witnesses.
(b) A will that qualifies as an international will under the Uniform
International Wills Act is considered to meet all the requirements of
subsection (a).
(Source: P.A. 86-1291.)
(755 ILCS 5/4-4) (from Ch. 110 1/2, par. 4-4)
Sec. 4-4. 
		
		Testamentary additions to trusts.) By a will signed and
attested as provided in this Act a testator may bequeath or
appoint real and personal estate to a trustee of a trust evidenced by an
instrument, including the will of another who predeceases the
testator, which is in existence when the testator's will is
made and which is identified in
the testator's will, even though the trust is subject to amendment,
modification,
revocation or termination.  Unless the testator's will provides otherwise, the
estate so bequeathed or appointed shall be governed by the terms
and provisions of
the instrument creating the trust, including any amendments or
modifications in writing made at any time before or after the execution
of the testator's will and before, or after if the testator's
will so directs, the death of the testator.
The existence, size or character of the corpus of the trust is immaterial
to the validity of the bequest. If the trust is terminated prior
to the testator's death by revocation of the trust or by revocation
of that portion of the instrument creating the trust, the bequest
or appointment shall take effect according to the terms and provisions
of the instrument creating the trust as they existed at the time of
the termination, unless the testator's will otherwise provides.
(Source: P.A. 80-759.)
(755 ILCS 5/4-5) (from Ch. 110 1/2, par. 4-5)
Sec. 4-5. 
		
		Insurance and death benefits payable to testamentary
trustee.) A person having the right to designate a
beneficiary of benefits payable under any insurance, annuity or endowment
contract (including any agreement issued or entered into by an insurance company
in connection therewith, supplemental thereto or in settlement thereof),
or the right to designate the beneficiary of benefits payable upon or
after the death of a person under any pension, retirement, death
benefit, deferred compensation, employment, agency, stock bonus or
profit sharing contract, plan, system or trust, may designate as a beneficiary
a trustee named or to be named in his will whether
or not the will is in existence at the time of the designation.  The
benefits received by the trustee shall be held and disposed of as
part of the trust estate under the terms of the will.  If no qualified
trustee makes claim to the benefits within 18 months after the death of
the decedent or if
within that period it is established that no trustee can qualify to
receive the benefits, payment shall be made to the representative of the estate
of the person making the designation, unless it is otherwise provided by
a beneficiary designation or by the policy or other controlling
agreement. The benefits received by the trustee shall not be subject to
claims or other charges enforceable against the estate or to estate or inheritance
taxes (including interest and penalties thereon) to any greater
extent than if the benefits were payable to a named beneficiary other than the estate
of the person making the designation, and in the case of benefits
which otherwise qualify for exclusion from the gross estate for federal
estate tax purposes, such benefits shall not be used by or for the
benefit of the estate of the decedent.
(Source: P.A. 79-328; 79-711; 79-1454.)
(755 ILCS 5/4-6) (from Ch. 110 1/2, par. 4-6)
Sec. 4-6. 
		
		Beneficiary or creditor as witness.) (a) If any beneficial legacy
or interest is given in a will to a person attesting its execution or to his spouse,
the legacy or interest is void as to that beneficiary and all persons claiming
under him,
unless the will is otherwise duly attested by a sufficient number of witnesses
as provided by
this Article exclusive of that person and he may be compelled to testify as if the
legacy or interest had not been given, but the beneficiary is entitled to
receive so much of the legacy or interest given to him by the will as does
not exceed the value of the share of the testator's estate to which he would be
entitled were the will not established.
(b) No individual or corporation is disqualified to act or to receive compensation for
acting in any fiduciary capacity with respect to a will of a decedent by reason of
the fact that any employee or partner of such individual or any employee or shareholder
of such corporation attests the execution of the will or testifies thereto.  No attorney
or partnership of attorneys is disqualified to act or to receive compensation for acting
as attorney for any fiduciary by reason of the fact that the attorney or any employee or
partner of the attorney or partnership attests the execution of the will
or testifies thereto.
(c) If real or personal estate is charged with any debt by a will and the creditor
whose debt is so secured attests the execution of the will, the creditor may testify
to its execution.
(Source: P.A. 79-328.)
(755 ILCS 5/4-7) (from Ch. 110 1/2, par. 4-7)
Sec. 4-7. 
		
		Revocation - revival.) (a) A will may be revoked only (1)
by burning, cancelling, tearing or obliterating it by the testator
himself or by some person in his presence and by his direction and
consent, (2) by the execution of a later will declaring the revocation,
(3) by a later will to the extent that it is inconsistent with the prior
will or (4) by the execution of an instrument declaring the revocation
and signed and attested in the manner prescribed by this Article for the
signing and attestation of a will.
(b) No will or any part thereof is revoked by any change in the
circumstances, condition or marital status of the testator, except that
dissolution of marriage or declaration of invalidity
of the marriage of the testator revokes every
legacy or interest or power of appointment given to or nomination to
fiduciary office of the testator's former spouse in a will executed
before the entry of the judgment of dissolution of marriage or declaration
of invalidity of marriage and the will
takes effect in the same manner as if the former spouse had died before
the testator.
(c) A will which is totally revoked in any manner is not revived
other than by its re-execution or by an instrument declaring the revival
and signed and attested in the manner prescribed by this Article for the
signing and attestation of a will. If a will is partially revoked by an
instrument which is itself revoked, the revoked part of the will is
revived and takes effect as if there had been no revocation.
(Source: P.A. 81-230.)
(755 ILCS 5/4-8) (from Ch. 110 1/2, par. 4-8)
Sec. 4-8. 
		
		Contract for sale.) If after making his will the testator makes a contract
for the sale or transfer of real or personal property specifically bequeathed therein
and the whole or any part of the contract remains executory at his death,
the disposition
of the property by the contract does not revoke the bequest but the property
passes to the
legatee subject to the contract.
(Source: P.A. 79-328.)
(755 ILCS 5/4-9) (from Ch. 110 1/2, par. 4-9)
Sec. 4-9. 
		Effect of alteration. 
		An addition to a will or an alteration,
substitution, interlineation or deletion of any part of a will which does
not constitute a revocation of a will is of no effect, unless made by the
testator or by some person in his presence and by his direction and consent
and unless the
will is thereafter signed and attested in the manner prescribed by this
Article for the  execution of a will.
(Source: P.A. 81-1509.)
(755 ILCS 5/4-10) (from Ch. 110 1/2, par. 4-10)
Sec. 4-10. 
		
		Effect of child born after will.) Unless provision is made in the will for
a child of the testator born after the will is executed or unless it appears by the
will that it was the intention of the testator to disinherit the child,
the child is entitled
to receive the portion of the estate to which he would be entitled if the testator
died intestate and all legacies shall abate proportionately therefor.
(Source: P.A. 79-328.)
(755 ILCS 5/4-11) (from Ch. 110 1/2, par. 4-11)
Sec. 4-11. 
		
		Legacy to a deceased legatee.) Unless the testator expressly provides
otherwise in his will, (a) if a legacy of a present or future interest is
to a descendant
of the testator who dies before or after the testator, the descendants of
the legatee living when
the legacy is to take effect in possession or enjoyment, take per stirpes
the estate so bequeathed;
(b) if a legacy of a present or future interest is to a class and any member
of the class dies before
or after the testator, the members of the class living when the legacy is
to take effect in possession
or enjoyment take the share or shares which the deceased member would have taken if he
were then living, except that if the deceased member of the class is a descendant of the
testator, the descendants of the deceased member then living shall take per stirpes the
share or shares which the deceased member would have taken if he were then
living; and (c)
except as above provided in (a) and (b), if a legacy lapses by reason of the
death of the legatee before the testator, the estate so bequeathed shall be included
in and pass as part of the residue under the will, and if the legacy is
or becomes part of
the residue, the estate so bequeathed shall pass to and be taken by the
legatees or those
remaining, if any, of the residue in proportions and upon estates corresponding to their
respective interests in the residue.  The provisions of (a) and (b) do not apply
to a future interest which is or becomes indefeasibly vested at the testator's
death or at any time thereafter before it takes effect in possession or enjoyment.
(Source: P.A. 79-328.)
(755 ILCS 5/4-13) (from Ch. 110 1/2, par. 4-13)
Sec. 4-13. 
		
		Effect of order admitting will to probate.) Every will when admitted
to probate as provided by this Act is effective to transfer the real and
personal estate of
the testator bequeathed in that will.
(Source: P.A. 79-328.)
(755 ILCS 5/4-14) (from Ch. 110 1/2, par. 4-14)
Sec. 4-14. 
		
		Intestate estate of testator.) The real and personal estate of a testator
that is not bequeathed by his will descends and shall be distributed as intestate
estate.
(Source: P.A. 79-328.)
(755 ILCS 5/4-15) (from Ch. 110 1/2, par. 4-15)
Sec. 4-15. 
		
		Debtor as executor.) The appointment of the debtor of the testator
as executor
of his will does not extinguish any debt due from the executor to the testator, unless
the testator in the will expressly declares his intention to extinguish
the debt and unless
the estate of the testator without collection of the debt due from the executor
is sufficient
to discharge all claims against the testator's estate.
(Source: P.A. 79-328.)