96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3671


 
Introduced 2/24/2009, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		








  



755 ILCS 5/2-8
  from Ch. 110 1/2, par. 2-8







    Amends the Probate Act of 1975.  Provides that a will may be renounced by the testator's surviving spouse, but only if the will contains a provision for the benefit of the surviving spouse.  Provides that if a will is renounced by the testator's surviving spouse (instead of if a will is renounced by the testator's surviving spouse whether or not the will contains any provision for the benefit of the surviving spouse), the surviving spouse is entitled to the following share of the testator's estate after payment of all just claims: 1/3 of the entire estate if the testator leaves a descendant or 1/2 of the entire estate if the testator leaves no descendant.
















LRB096 09878 AJO 20041 b

















 


 


A BILL FOR









 











HB3671

LRB096 09878 AJO 20041 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Probate Act of 1975 is amended  by changing 
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Section 2-8 as follows:
 



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    (755 ILCS 5/2-8)  (from Ch. 110 1/2, par. 2-8)



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    Sec. 2-8. 
Renunciation of will by spouse.)

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    (a) A will may be renounced by the testator's surviving 
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spouse, but only if the will contains a provision for the 
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benefit of the surviving spouse. If a will is renounced by the 
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testator's surviving spouse, whether or
not the will contains 
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any provision for the benefit of the surviving spouse,
the 
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surviving spouse is entitled to the following share of the 
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testator's
estate after payment of all just claims: 1/3 of the 
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entire estate if the
testator leaves a descendant or 1/2 of the 
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entire estate if the testator leaves
no descendant.

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    (b) In order to renounce a will, the testator's surviving 
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spouse must file
in the court in which the will was admitted to 
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probate a written instrument
signed by the surviving spouse and 
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declaring the renunciation.  The time of
filing the instrument 
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is: (1) within 7 months after the admission of the will
to 
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probate or (2) within such further time as may be allowed by 
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the court if,
within 7 months after the admission of the will 
 


 






HB3671
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LRB096 09878 AJO 20041 b




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to probate or before the
expiration of any extended period, the 
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surviving spouse files a petition
therefor setting forth that 
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litigation is pending that affects the share of the
surviving 
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spouse in the estate.  The filing of the instrument is a 
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complete bar
to any claim of the surviving spouse under the 
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will.

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    (c) If a will is renounced in the manner provided by this 
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Section, any
future interest which is to take effect in 
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possession or enjoyment at or after
the termination of an 
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estate or other interest given by the will to the
surviving 
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spouse takes effect as though the surviving spouse had 
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predeceased
the testator, unless the will expressly provides 
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that in case of renunciation
the future interest shall not be 
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accelerated.

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    (d) If a surviving spouse of the testator renounces the 
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will and the
legacies to other persons are thereby diminished 
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or increased in value, the
court, upon settlement of the 
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estate, shall abate from or add to the legacies
in such a 
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manner as to apportion the loss or advantage among the legatees 
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in
proportion to the amount and value of their legacies.

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(Source: P.A. 79-328.)