In re Estate of Zivin

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2018 IL App (1st) 172883
Decision Date: 
Thursday, September 13, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
McBRIDE

The "Mutual Last Will and Testament" executed by decedent and her husband in 1983 was not a joint and mutual will. Thus, dispositions of will, including a considerable bequest to Claimant University, did not become irrevocable upon husband's death in 1984. Decedent executed a will in 2004 that did not include a bequest to the University. The frequent use of "we" and "our" in the Will is not sufficient reason to infer that testators intended their will to be irrevocable.  No language specifies that surviving spouse maintained the right to revoke Will or otherwise modify its bequests. The Will lacks contracting terminology and does not include typical defining characteristics of an irrevocable agreement to provide for ultimate disposition of their estates.(ELLIS and BURKE, concurring.)