Illinois Compiled Statutes
765 ILCS 1005/1b (2026)
Whenever a grant or conveyance of lands, tenements, or hereditaments shall be made where the instrument of grant or conveyance does not create an estate in tenancy by the entirety in the manner provided by Section 1c but declares that the estate created be not in tenancy in common but with right of survivorship, or where such instrument of grant or conveyance does not create an estate in tenancy by the entirety in the manner provided by Section 1c but declares that the estate created be not in tenancy in common but in joint tenancy, the estate so created shall be an estate with right of survivorship notwithstanding the fact that the grantor is or the grantors are also named as a grantee or as grantees in said instrument of grant or conveyance
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(765 ILCS 1005/1b)
(from Ch. 76, par. 1b)
Sec. 1b.
Whenever a grant or conveyance of lands, tenements, or
hereditaments shall be made where the instrument of grant or conveyance
does not create an estate in tenancy by the entirety in the manner
provided by Section 1c but declares that the estate created be not in
tenancy in common but with right of survivorship, or where such instrument
of grant or conveyance does not create an estate in tenancy by the entirety
in the manner provided by Section 1c but declares that the estate created
be not in tenancy in common but in joint tenancy, the estate so created
shall be an estate with right of survivorship notwithstanding the fact that
the grantor is or the grantors are also named as a grantee or as grantees
in said instrument of grant or conveyance. Said estate with right of
survivorship, so created, shall have all of the effects of a common law
joint tenancy estate.
This section shall not apply to nor operate to change the effect of any
grant or conveyance made prior to the effective date of this amendatory Act.
(Source: P.A. 86-966.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2007–2021 · leading case: In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021).
In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021). “See 765 ILCS 1005/1b (West 2018). ¶ 57 In Tindall, decided in 1946, a deed conveyed property to two parties as tenants in common on May 31, 1939.”
Est. of Jezewski v. Jaworski, 2019 IL App (1st) 170100 (Ill. App. Ct. 2020). “Though section 1b of the Act (765 ILCS 1005/1b (West 2016)) allows a joint tenancy to be created though a conveyance from the grantor directly to himself as a grantee without the intervention of a third party (see Sathoff v.”
In re Est. of Jezewski, 2019 IL App (1st) 170100 (Ill. App. Ct. 2019). “Though section 1b of the Act (765 ILCS 1005/1b) (West 2016)) allows a joint tenancy to be created though a conveyance from the grantor directly to himself as a grantee without the intervention of a third party (see Sathoff v.”
Sathoff v. Sutterer (Ill. App. Ct. 2007). “However, section 1b of the Joint Tenancy Act (Act) (765 ILCS 1005/1b (West 2004)) changes the common law with respect to the four unities by relaxing the requirements and providing that an estate with all the effects of a common law joint tenancy can be created through a…”
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