Full Text of HB3409 103rd General Assembly
HB3409 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3409 Introduced 2/17/2023, by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED: |
| 755 ILCS 5/8-1 | from Ch. 110 1/2, par. 8-1 | 755 ILCS 5/8-2 | from Ch. 110 1/2, par. 8-2 |
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Amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as Karen's Law. | 5 | | Section 5. The Probate Act of 1975 is amended by changing | 6 | | Sections 8-1 and 8-2 as follows:
| 7 | | (755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
| 8 | | Sec. 8-1. Contest of
admission of will to probate; notice. | 9 | | (a) Within 6 months after the admission
to probate of a | 10 | | domestic will in accordance with the provisions
of Section 6-4 | 11 | | or Section 20-20 or 20-25 of the Electronic Wills and Remote | 12 | | Witnesses Act, or of a foreign will in accordance with the | 13 | | provisions of
Article VII of this Act, any interested person | 14 | | may file a petition in the proceeding
for the administration | 15 | | of the testator's estate or, if no proceeding is
pending,
in | 16 | | the court in which the will was admitted to probate, to contest | 17 | | the validity
of the will.
| 18 | | (b) The petitioner shall cause a copy of the petition to be | 19 | | mailed or
delivered
to the representative, to his or her
| 20 | | attorney of
record, and to each heir and legatee whose name is | 21 | | listed in the petition to
admit the will to probate and in any | 22 | | amended petition filed in accordance with
Section 6-11,
at the |
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| 1 | | address stated in the petition or amended petition. Filing a
| 2 | | pleading constitutes a waiver of the mailing or delivery of | 3 | | the notice to the
person filing the pleading. Failure to mail | 4 | | or deliver a copy of the petition
to an heir or a legatee does | 5 | | not extend the time within which a petition to
contest
the will | 6 | | may be filed under subsection (a) of this Section or affect the
| 7 | | validity of the judgement entered in the proceeding.
| 8 | | (c) Any contestant or proponent may demand a
trial by | 9 | | jury. An issue
shall be made whether or not the instrument | 10 | | produced is
the will of the testator. The contestant shall in | 11 | | the first instance proceed
with proof to establish the | 12 | | invalidity of the will. At the close of the
contestant's case, | 13 | | the proponent may present evidence to sustain the will.
An | 14 | | authenticated transcript of the testimony of any witness or | 15 | | other party taken at the
time of the hearing on the admission | 16 | | of the will to probate, or an affidavit
of any witness or other | 17 | | party received as evidence under subsection 6-4(b), paragraphs | 18 | | (c) and (e) of Section 20-20 of the Electronic Wills and Remote | 19 | | Witnesses Act, or Section 20-25 of the Electronic Wills and | 20 | | Remote Witnesses Act, is admissible in
evidence.
| 21 | | (d) The right to institute or continue a proceeding to | 22 | | contest the validity
of a will survives and descends to the | 23 | | heir, legatee, representative, grantee
or assignee of the | 24 | | person entitled to institute the proceeding. Persons who stood | 25 | | to inherit under a previous will, including stepchildren, have | 26 | | standing and are entitled to institute a proceeding.
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| 1 | | (e) It is the duty of the representative to defend a | 2 | | proceeding to contest
the validity of the will. The court may | 3 | | order the representative to defend
the proceeding or prosecute | 4 | | an appeal from the judgment. If the representative
fails or | 5 | | refuses to do so when ordered by the court, or if there is no
| 6 | | representative then acting, the court, upon its
motion or on | 7 | | application of any interested person, may appoint a special
| 8 | | administrator to defend or appeal in his stead.
| 9 | | (f) An action to set aside or contest the validity of a | 10 | | revocable inter
vivos trust agreement or declaration of trust | 11 | | to which a legacy is provided by
the settlor's will which is | 12 | | admitted to probate shall be commenced within and
not after | 13 | | the time to contest the validity of a will as provided in
| 14 | | subsection (a) of this Section
and Section 13-223 of the Code | 15 | | of Civil Procedure.
| 16 | | (g) This amendatory Act of 1995 applies to pending cases | 17 | | as well as cases
commenced on or after its effective date.
| 18 | | (Source: P.A. 102-167, eff. 7-26-21.)
| 19 | | (755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
| 20 | | Sec. 8-2. Contest of denial of admission of will to | 21 | | probate.
| 22 | | (a) Within
6 months after the entry of an order denying | 23 | | admission to probate of a domestic
will in accordance with the | 24 | | provisions of Section 6-4 or Section 20-20 or 20-25 of the | 25 | | Electronic Wills and Remote Witnesses Act, or of a foreign |
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| 1 | | will
in accordance with the provisions of Article VII of this | 2 | | Act, any interested person
desiring to contest the denial of | 3 | | admission may file a petition to admit
the will to probate in | 4 | | the proceeding for the administration of the
decedent's estate
| 5 | | or, if no proceeding is pending, in the court which
denied | 6 | | admission of the
will to probate. The petition must state the | 7 | | facts required to be stated
in Section 6-2 or 6-20, whichever | 8 | | is applicable.
| 9 | | (b) The petitioner shall cause a copy of the petition to be | 10 | | mailed or
delivered
to the representative, to his or her | 11 | | attorney of record, and to
each
heir and legatee whose name is | 12 | | listed in the petition to admit the will to
probate and in any | 13 | | amended petition filed in accordance with Section 6-11, at
the | 14 | | address stated in the petition or amended petition. Filing a | 15 | | pleading
constitutes a waiver of the
mailing or delivery of | 16 | | the notice to the person
filing the pleading. Failure to mail | 17 | | or deliver a copy of the petition to an
heir or legatee does | 18 | | not extend the time within which a petition to admit the
will
| 19 | | to probate may be filed under subsection (a) of Section 8-1 or
| 20 | | affect the validity of the judgment entered in the proceeding.
| 21 | | (c) Any proponent or contestant may demand a
trial by | 22 | | jury. An issue
shall be made whether or not the instrument | 23 | | produced is the will of the
testator. The proponent shall in | 24 | | the first instance proceed
with proof to establish the | 25 | | validity of the will and may introduce any evidence
competent | 26 | | to establish a will. Any interested person may oppose the |
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| 1 | | petition
and may introduce any evidence admissible in a will | 2 | | contest under Section
8-1. At the close of the contestant's | 3 | | case, the proponent may present further
evidence to sustain | 4 | | the will.
| 5 | | (d) The right to institute or continue a proceeding to | 6 | | contest the denial
of admission of a will to probate survives | 7 | | and descends to the heir, legatee,
representative, grantee or | 8 | | assignee of the person entitled to institute
the proceeding. | 9 | | Persons who stood to inherit under a previous will, including | 10 | | stepchildren, have standing and are entitled to institute a | 11 | | proceeding.
| 12 | | (e) The court may order the representative to defend a | 13 | | proceeding to probate
the will or prosecute an appeal from the | 14 | | judgment. If the representative
fails or refuses to do so when | 15 | | ordered by the court, or if there is no
representative then | 16 | | acting, the court, upon its
motion or on application of any | 17 | | interested person, may appoint a special
administrator to do | 18 | | so in his stead.
| 19 | | (f) A person named as executor in a will that has been | 20 | | denied admission
to probate has no duty to file or support a | 21 | | petition under Section 8-2.
| 22 | | (g) This amendatory Act of 1995 applies to pending cases | 23 | | as well as cases
commenced on or after its effective date.
| 24 | | (Source: P.A. 102-167, eff. 7-26-21.)
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