IL Wills Flashcards
Intestate Decedent’s Estatate
passes to:
Spouse
and/or
Descendants and their Issue
IF NONE TO:
Parents (sole survivor takes double portion)
and/or
Sibilings and their issue
IF NONE TO:
Maternal Grandparents or their descendants
and/or
Paternal Granparents or their descendants
IF NONE TO:
Maternal great-grandparents and their descendants
and/or
Paternal great-grandparents and their descendants
IF NONE TO:
Nearest kindred in equal degree in equal shares
IF NONE TO:
The county
7 Priorities by payment.
When estate is not sufficent to pay all claims, the claims are classified in the following order:
Class 1: Funeral and admin expenses and statutory custodial claims.
Class 2: The surviving spouse’s or child’s award.
Class 3: Debts due to the U.S. Government
Class 4: Money due to the decedent’s employees, and expesnes of the decedent’s last illness.
Class 5: Money received or held in trust by the decedent that cannot be identified.
Class 6: Debts due to the state, county, township, city, town, or school district.
Class 7: All other claims.
Grounds for will contests:
Defective execution
One or more of the requirements needed for execution is missing. (e.g. signature missing, witnesses did not sign in testator’s presence.
Grounds for will contests:
Valid revocation
The will hase been validly revoked by operation of law, subsequent instrument, or physical act.
Grounds for Will Contests:
Lack of Testementary Capacity
- Testator was under the age of 18 and lacked the mental capacity required at the time of execution.
To have capacity the testator must understand that she is writing s will, know the nature and the character of her property, know the natural objects of her bounty, and make a disposition of her property according to a plan formed in her own mind,
Grounds for Will Contests:
Undue influence
Influence was exerted on the testator that overpowered the mind and free will of the testator, and resilted in a will or gift that would not have been made but for the influence.
The burden is shifted to the will proponent, if the beneficiary was in a confidential relationship with the testator and active in procuring the will.
Grounds for Will Contest
FRAUD
Either:
- A misrepresentation is made as to the nature or contents of the instruments (fraud in the factum) or,
- The testator is inuced into making a will or gift by misrepresenatation of facts that influcene her motivation ( fradulatent inducement)
Grounds for will contests:
MISTAKE!
Either:
- The testator was mistaken as to the nature of the instrument. (e.g. thought it was a POA, but was a will…) or in some cases,
- The testator’s mistake in inducement appears on the face of the will.
Grounds for will contest:
Lack of knowledge - WILL CONTENTS!
The testator must be aware of and apporve of the contents over her will.
Estabilishing undue influence:
(4 elements)
- Influence was exerted on the testator,
- The effect of the influence was to OVERPOWER THE MIND AND FREE WILL of the testator,
- Testator reposed trust and confidence in the party, and
- The party was instrumental in preparing or procuring the will.
Per Stirpes
Property is divided into equal shares at the first generational level with shares of each deceased child passing to his descendants.
Illinois rule of partially invalid wills:
If part of the will is invalid the invalidated (lapsed) share will pass to the remaining beneficiary under the will.
(DOES NOT PASS THROUGH INTESTATE)
Specific bequests
Gift of a property that is particularly designated and is to be satisfied only by the receipt of the particular property described.
Doctrine of Ademption
When a specifically bequeathed property is not in the testator’s estate at death, the bequest is adeemed.
(it fails.)
Illinois ‘tempers’ ademption, how?
By requiring some act by the testator from which her intent to revoke the gift may be inferred.
(What does this MEAN?)
