Subject Index Wills and Probate

White’s will gave his interest in a farmland to his brother and his brother’s wife as a life estate with a power of disposition.

On Sept. 13, 2018, the First District Appellate Court of Illinois held that a "Mutual Last Will and Testament" executed by a decedent and her husband was not a joint and mutual will, as the frequent use of "we" and "our" was not sufficient to infer that the testators' intent was to create an irrevocable will.

The Probate Act of 1975 has been amended to require clear and convincing evidence of a testator's testamentary capacity in order to execute a will or codicil.

The Illinois General Assembly has added language to the Probate Act of 1975 regarding the use of expert witnesses and payment for such services during the adjudication of disability and for appointment of a guardian.

Fees requested by an executor and attorney for administering an estate were not reasonable under the Probate Act, according to an Illinois Appellate Court.

On August 10, 2010, the Appellate Court of Illinois, Fourth District, determined that a third-party beneficiary is entitled to enforce a contract embedded in a mutual will before the death of the surviving spouse.

The Illinois Secretary of State's Office recently adopted new rules governing the deposit of wills with the office of the secretary.

Illinois lawmakers have granted surviving spouses a larger minimum award from the estate of the deceased. (755 ILCS 5/15-1) 

The Probate Act of 1975 now provides guidelines regarding consent by guardians for the sterilization of a ward. (755 ILCS 5/11a-17.1). 

On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.