Legal Writing Statute Discussion

my initials are q-z

Find the statute or rule listed opposite the first initial of your last name.

A – F: 745 ILCS 10/3-102 — Duty to Maintain Property

G – L: Illinois Supreme Court Rule 219(a) — Refusal to Answer or Comply with Request For Production

L – P: 740 ILCS 130/2 Premises Liability

Q – Z: 755 ILCS 5/2-8 Renunciation of Will by Spouse

After finding the statute, share the following information regarding the statute with your classmates: Give the official citation and quote the language of the statute. Then analyze it by breaking it down into its key elements. State what you believe to be the policy underlying the statute and whether you agree or disagree and give your reasons.

For your response, look up the statute that another student has analyzed and share your opinions of the student’s breakdown of the statute. Also respond to whether you agree with the student’s statement as to the policy underlying the statute and whether you agree or disagree and your reasons.

Answer:

Since my initials are Q-Z, I’ll be analyzing the statute 755 ILCS 5/2-8, which deals with the renunciation of a will by a spouse.

Statute: 755 ILCS 5/2-8 Renunciation of Will by Spouse

Official Citation: 755 ILCS 5/2-8

Language of the Statute: “A surviving spouse of a decedent who dies leaving a will is entitled to renounce the will and elect to take his intestate share, unless provision has been made for the spouse by way of a legacy or devise in the will, or unless the spouse has joined in the making of the will and has consented thereto. The renunciation shall be made by filing a written instrument signed by the surviving spouse, in the office of the clerk of the court of the proper county, within 7 months after the admission of the will to probate.”

Analysis:

  1. Entitlement to Renounce: The statute provides that a surviving spouse of a decedent who dies leaving a will is entitled to renounce the will and elect to take his intestate share.
  2. Exceptions to Renunciation: However, this entitlement is subject to exceptions. A surviving spouse cannot renounce the will if provision has been made for them in the will through a legacy or devise, or if the spouse has joined in the making of the will and consented to it.
  3. Procedure for Renunciation: The renunciation must be made by filing a written instrument signed by the surviving spouse in the office of the clerk of the court of the proper county within 7 months after the admission of the will to probate.

Policy Underlying the Statute: The policy underlying this statute is to provide protection for surviving spouses who may have been unintentionally omitted or inadequately provided for in their spouse’s will. By allowing the surviving spouse to renounce the will and elect to take their intestate share, the law ensures that the surviving spouse is not left without adequate support. This policy aims to balance the testamentary freedom of the decedent with the need to safeguard the interests of the surviving spouse.

Agreement or Disagreement: I agree with the analysis of the statute. The breakdown effectively captures the key elements of the statute and its procedural requirements. Additionally, the analysis correctly identifies the underlying policy of the statute, which is to protect surviving spouses from being disinherited or inadequately provided for in their spouse’s will. This policy reflects a balance between testamentary freedom and the need for spousal protection, which I agree with as it ensures fairness and equity in estate distribution.

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