Illinois § 4a-15 Exceptions

Illinois Statutes

§ 4a-15 — Exceptions

Illinois·Topic RIGHTS AND REMEDIES·Ch. 755 ESTATES·Act 755 ILCS 5/ Probate Act of 1975.·Art. Article IVa - Presumptively Void Transfers

The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either:

(1)by a preponderance of evidence that the transferee's share under the transfer instrument is not greater than the share the transferee was entitled to under the transferor's transfer instrument in effect prior to the transferee becoming a caregiver; or (2) by clear and convincing evidence that the transfer was not the product of fraud, duress, or undue influence.

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The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either: (1) by a preponderance of evidence that the transferee's share under the transfer instrument is not greater than the share the transferee was entitled to under the transferor's transfer instrument in effect prior to the transferee becoming a caregiver; or (2) by clear and convincing evidence that the transfer was not the product of fraud, duress, or undue influence.

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