An Illinois Will Could Be Presumptively Invalid When…

Gov. Bruce Rauner signed SB90 into law late last week.  Proposed by Rep. Peter Breen, this new law provides a rebuttable presumption to the validity of wills executed under Illinois law when the testator is adjudicated disabled and either a plenary guardian has been appointed or a limited guardian has been appointed and the testator lacks testamentary capacity.  This presumption may be overcome by presenting clear and convincing evidence that the testator had the requisite capacity to execute a will at the time of execution.  Additionally, the new modifications provide that a court may determine that a ward has testamentary capacity upon presenting a verified petition or a physician’s report stating as such.

For further information, see Public Act 099-0302 and this link.

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