Wills and Supreme Court Rule 138: a wake-up call
The matrimonial bar has been raising concerns about the privacy provisions of newly amended Supreme Court Rule 138 for some time. Central to their criticism is that the rule, though well-intentioned, seems to conflict with key statutory provisions and could put lawyers between a rock and a very hard place.
Turns out it isn't just divorce lawyers who are feeling the squeeze. Northbrook attorney and ISBA member Julie Kolodzieg described a pressure point for estate planners. She noted that 755 ILCS 5/6-1 “says an original Will cannot be altered (alteration is a felony) and also requires the original Will to be filed with the Circuit Court clerk (failure to do so is also a felony)….Therefore we have a statute which requires a Will … to be filed with the court in unredacted form while at the same time having a duty under [Rule 138] to NOT file it unless under impoundment [because it contains personal identity information that must be omitted from the public record].”
Fortunately, Chicago lawyer and former Trusts and Estates Section chair Mary Cascino has some constructive suggestions for lawyers caught in the middle. Read her article in the latest ISBA Trusts and Estates newsletter.
Member Comments (2)
this is exactly what i have been talking about for one year now and at the public hearing on rule one three eight in october. 2013.
it is not possible to redact a will. both the original and the copy need to be filed. i doubt that any entity needing a certified copy will settle for a certified copy of a redacted one.
this is what happens when committees and courts pass rules without input from the lawyers affected. this rule had no input from divorce lawyers or estate planners.
With the "last 4 digits of your Driver's License", anyone can figure out your gender, day and month of birth, and the last digit of the year of birth (just Google "Illinois driver's license number formula"). Combine this with the "last 4 digits of your social security number" and you can gain access to anything ...