Illinois Compiled Statutes
755 ILCS 5/4-6 (2026)
Beneficiary or creditor as witness
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(755 ILCS 5/4-6)
(from Ch. 110 1/2, par. 4-6)
Sec. 4-6.
Beneficiary or creditor as witness.) (a) If any beneficial legacy
or interest is given in a will to a person attesting its execution or to his spouse,
the legacy or interest is void as to that beneficiary and all persons claiming
under him,
unless the will is otherwise duly attested by a sufficient number of witnesses
as provided by
this Article exclusive of that person and he may be compelled to testify as if the
legacy or interest had not been given, but the beneficiary is entitled to
receive so much of the legacy or interest given to him by the will as does
not exceed the value of the share of the testator's estate to which he would be
entitled were the will not established.
(b) No individual or corporation is disqualified to act or to receive compensation for
acting in any fiduciary capacity with respect to a will of a decedent by reason of
the fact that any employee or partner of such individual or any employee or shareholder
of such corporation attests the execution of the will or testifies thereto. No attorney
or partnership of attorneys is disqualified to act or to receive compensation for acting
as attorney for any fiduciary by reason of the fact that the attorney or any employee or
partner of the attorney or partnership attests the execution of the will
or testifies thereto.
(c) If real or personal estate is charged with any debt by a will and the creditor
whose debt is so secured attests the execution of the will, the creditor may testify
to its execution.
(Source: P.A. 79-328.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2026–2026 · leading case: In re Est. of Butts, 2026 IL App (2d) 240506-U.
In re Est. of Butts, 2026 IL App (2d) 240506-U. “Both filings, which were later amended, asserted that: (1) decedent’s will is valid, but that since plaintiff witnessed decedent’s will, her beneficial interest thereunder is void under section 4-6 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/4-6 (West 2020)) (first…”
755 ILCS 5/4-6(a): 1 case
In re Est. of Butts, 2026 IL App (2d) 240506-U. “Both filings, which were later amended, asserted that: (1) decedent’s will is valid, but that since plaintiff witnessed decedent’s will, her beneficial interest thereunder is void under section 4-6 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/4-6 (West 2020)) (first…”
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