Illinois Compiled Statutes

755 ILCS 5/4-7 (2026)

Revocation - revival

✓ current as of May 2026
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(755 ILCS 5/4-7) (from Ch. 110 1/2, par. 4-7)
    Sec. 4-7. Revocation - revival.) (a) A will may be revoked only (1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent, (2) by the execution of a later will declaring the revocation, (3) by a later will to the extent that it is inconsistent with the prior will or (4) by the execution of an instrument declaring the revocation and signed and attested in the manner prescribed by this Article for the signing and attestation of a will.
    (b) No will or any part thereof is revoked by any change in the circumstances, condition or marital status of the testator, except that dissolution of marriage or declaration of invalidity of the marriage of the testator revokes every legacy or interest or power of appointment given to or nomination to fiduciary office of the testator's former spouse in a will executed before the entry of the judgment of dissolution of marriage or declaration of invalidity of marriage and the will takes effect in the same manner as if the former spouse had died before the testator.
    (c) A will which is totally revoked in any manner is not revived other than by its re-execution or by an instrument declaring the revival and signed and attested in the manner prescribed by this Article for the signing and attestation of a will. If a will is partially revoked by an instrument which is itself revoked, the revoked part of the will is revived and takes effect as if there had been no revocation.
(Source: P.A. 81-230.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1999–2022 · leading case: In re Est. of Frakes, 2020 IL App (3d) 180649 (Ill. App. Ct. 2020).
In re Est. of Frakes, 2020 IL App (3d) 180649 (Ill. App. Ct. 2020). · cites it 3× “” 755 ILCS 5/4-7 -5- (West 2016). The affidavit of Boos stated that he was the long-time attorney of the decedent and maintained that role until the decedent’s demise.”
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). · cites it 9× “But intentions can be fickle, and for that reason, section 4-7(a) of the Probate Act (755 ILCS 5/4-7(a) (West 2010)) requires more than a revocatory intent; it requires that, while having such an intent, the testator perform one of the acts described in section 4-7(a) (Dowling v.”
Shaw v. U.S. Fin. Life Ins., 2022 IL App (1st) 211533 (Ill. App. Ct. 2022). “While the Probate Act of 1975 provided that a dissolution judgment automatically operated to revoke an ex-spouse’s status in a will (755 ILCS 5/4-7(b) (West 2018)), there existed no similar provisions concerning life insurance policies.”
In re Est. of Brewer, 2015 IL App (2d) 140706 (Ill. App. Ct. 2015). · cites it 4× “The sole issue on appeal is whether the petition alleged sufficient facts to establish that the will had been revoked in accordance with the relevant provisions of the Probate Act of 1975 (Probate Act) (755 ILCS 5/4-7 (West 2012)). For the reasons that follow, we affirm.”
In re Est. of Brewer, 2015 IL App (2d) 140706 (Ill. App. Ct. 2015). · cites it 3× “¶5 Todney, as executor and legatee, moved to dismiss the petition to contest the validity of the will, arguing that the petition failed to allege sufficient facts to establish that the will had been revoked in accordance with the relevant provisions of the Probate Act (755 ILCS…”
In re Est. of Bland, 2019 IL App (3d) 190020-U (Ill. App. Ct. 2019). “755 ILCS 5/4-7(b) (West 2016). ¶5 On April 3, 2017, Ellen executed the will appointing Thomas as executor and sole legatee of Ellen’s estate.”
In re Est. of Forrest (Ill. App. Ct. 1999). · cites it 2× “Presently, section 4-7(b) of the Act states: "No will or any part thereof is revoked by any change in the circumstances, condition or marital status of the testator, except that dissolution of marriage or declaration of invalidity of the marriage of the testator revokes every…”
— 755 ILCS 5/4-7(a) — 3 cases
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “But intentions can be fickle, and for that reason, section 4-7(a) of the Probate Act (755 ILCS 5/4-7(a) (West 2010)) requires more than a revocatory intent; it requires that, while having such an intent, the testator perform one of the acts described in section 4-7(a) (Dowling v.”
In re Est. of Brewer, 2015 IL App (2d) 140706 (Ill. App. Ct. 2015). “The sole issue on appeal is whether the petition alleged sufficient facts to establish that the will had been revoked in accordance with the relevant provisions of the Probate Act of 1975 (Probate Act) (755 ILCS 5/4-7 (West 2012)). For the reasons that follow, we affirm.”
In re Est. of Brewer, 2015 IL App (2d) 140706 (Ill. App. Ct. 2015). “¶5 Todney, as executor and legatee, moved to dismiss the petition to contest the validity of the will, arguing that the petition failed to allege sufficient facts to establish that the will had been revoked in accordance with the relevant provisions of the Probate Act (755 ILCS…”
— 755 ILCS 5/4-7(a)(1) — 2 cases
In re Est. of Frakes, 2020 IL App (3d) 180649 (Ill. App. Ct. 2020). “” 755 ILCS 5/4-7 -5- (West 2016). The affidavit of Boos stated that he was the long-time attorney of the decedent and maintained that role until the decedent’s demise.”
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “But intentions can be fickle, and for that reason, section 4-7(a) of the Probate Act (755 ILCS 5/4-7(a) (West 2010)) requires more than a revocatory intent; it requires that, while having such an intent, the testator perform one of the acts described in section 4-7(a) (Dowling v.”
— 755 ILCS 5/4-7(a)(2) — 1 case
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “But intentions can be fickle, and for that reason, section 4-7(a) of the Probate Act (755 ILCS 5/4-7(a) (West 2010)) requires more than a revocatory intent; it requires that, while having such an intent, the testator perform one of the acts described in section 4-7(a) (Dowling v.”
— 755 ILCS 5/4-7(b) — 3 cases
Shaw v. U.S. Fin. Life Ins., 2022 IL App (1st) 211533 (Ill. App. Ct. 2022). “While the Probate Act of 1975 provided that a dissolution judgment automatically operated to revoke an ex-spouse’s status in a will (755 ILCS 5/4-7(b) (West 2018)), there existed no similar provisions concerning life insurance policies.”
In re Est. of Bland, 2019 IL App (3d) 190020-U (Ill. App. Ct. 2019). “755 ILCS 5/4-7(b) (West 2016). ¶5 On April 3, 2017, Ellen executed the will appointing Thomas as executor and sole legatee of Ellen’s estate.”
In re Est. of Forrest (Ill. App. Ct. 1999). “Presently, section 4-7(b) of the Act states: "No will or any part thereof is revoked by any change in the circumstances, condition or marital status of the testator, except that dissolution of marriage or declaration of invalidity of the marriage of the testator revokes every…”
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