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.

Terms Used In Illinois Compiled Statutes 755 ILCS 5/4a-15

  • Caregiver: includes a caregiver's spouse, cohabitant, child, or employee. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Transfer instrument: means the legal document intended to effectuate a transfer effective on or after the transferor's death and includes, without limitation, a will, trust, transfer on death instrument, deed, form designated as payable on death, contract, or other beneficiary designation form. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferee: means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferor: means a testator, settlor, grantor of a deed, or a decedent whose interest is transferred pursuant to a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
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