Illinois Compiled Statutes
755 ILCS 5/4-1 (2026)
Capacity of testator
✓ current as of May 2026
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(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.)
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1996–2025 · leading case: Est. of Hicks, 675 N.E.2d 89 (Ill. 1996).
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). “…person who has attained the age of 18 years and is of sound mind and memory has power to bequeath by will * * *." 755 ILCS 5/4-1 (West 1994).”
State of North Dakota v. Prince, 2025 IL App (3d) 240514 (Ill. App. Ct. 2025). “755 ILCS 5/4-1, 4-3 (West 2022). Allowing the incorporation of a document not yet in existence would undermine the formal requirements for the execution of a will.”
In re Est. of Harn, 2012 IL App (3d) 110826 (Ill. App. Ct. 2012). “” 755 ILCS 5/4-1 (West 2008). Each person is presumed under the law to be sane for the purpose of making a will, until the contrary is proven.”
In re Est. of Hirschfeld, 2021 IL App (4th) 190632-U (Ill. App. Ct. 2021). “Testamentary Capacity ¶ 65 Section 4-1 of the Probate Act of 1975 (755 ILCS 5/4-1 (West 2014)) grants every person who is at least 18 years old and is of “sound mind and memory” the power to bequeath by will the real and personal estate which he or she has at the time of his or…”
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