Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/4-1

(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.)