Illinois Wills & Trusts

In Illinois, when it comes to property transfer and understanding which document holds more weight, a common question arises: between a will and a deed which one takes priority in Illinois? Generally, a deed takes precedence over a will. This means that if you’re holding a deed that conflicts with the provisions of a will, the deed is likely to govern the transfer of property. Our discussion will delve into the specifics of this priority, outline circumstances where exceptions may apply, and provide guidance for aligning your estate planning documents to avoid potential conflicts.

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In this article, we explain the Illinois rules of construction for wills and trusts. If an Illinois will or trust contains language that is vague or subject to multiple interpretations, interested parties can file a lawsuit called a “construction action” to request that a court determine how the ambiguous language in the will or trust should be construed.

This article discusses changes to the Illinois Trust Code. We will discuss the following topics:

• Aspects to Consider When Creating a Trust
• Illinois Trust Document Updates
• Additional Exemption Amounts in Illinois Trusts

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