Section 2-1.5. Advancements and their adjustment  


Latest version.
  • (a)  An advancement is an irrevocable gift intended by the donor as an
      anticipatory distribution in complete or  partial  satisfaction  of  the
      interest  of  the  donee in the donor's estate, either as distributee in
      intestacy or as beneficiary under an existing will of the donor.
        (b) No advancement shall affect the distribution of the estate of  the
      donor unless proved by a writing contemporaneous therewith signed by the
      donor   evidencing  his  intention  that  the  gift  be  treated  as  an
      advancement, or by the donee acknowledging that such was the intention.
        (c) When so proved, the advancement is part of the estate of the donor
      for the purpose of distribution. If such  advancement  is  equal  to  or
      greater  than  the  interest of the donee, whether in intestacy or under
      the will, such donee or his successor in interest may not share  in  the
      distribution  of  the  estate;  but if less than such intestate share or
      testamentary interest, the donee or his successor in interest  may  take
      his  intestate  share  or testamentary interest reduced by the amount of
      the advancement.
        (d) Unless otherwise provided in a writing  contemporaneous  with  the
      advancement and signed by the donor:
        (1)  An advancement, made as provided in this section, may be adjusted
      out of the property of the donor in such manner as may be equitable.
        (2) The advancement shall have the value at which it is appraised  for
      estate  tax purposes, or, if not included in the gross taxable estate of
      the donor, the value at which it would have been appraised  if  included
      therein.
        (e)  Nothing  in  this section shall increase or decrease the elective
      share of a surviving spouse under either 5-1.1 or 5-1.1-A except to  the
      extent authorized by paragraph (b) of those sections.