Revocation of Transfer on Death Instrument
(IL)

Summary

This template is a revocation of a previously recorded transfer on death instrument (TODI). It is for use in Illinois. This template includes practical guidance and drafting notes. Property owners can revoke a TODI at any time during their life by either (1) a subsequent TODI that revokes the instrument expressly or by inconsistency, or (2) some other instrument that expressly revokes the TODI in whole or in part during the owner's lifetime. 755 Ill. Comp. Stat. Ann. 27/55(a)(1). Like the original TODI, in order to be effective, a revocation of TODI must be executed, witnessed, notarized, and recorded before the owner's death in the county in which the property is located. 755 Ill. Comp. Stat. Ann. 27/55(a)(2). Note, however, since the TODI beneficiary has no interest in the property until the owner's death, the beneficiary's consent is not required to revoke the TODI. 755 Ill. Comp. Stat. Ann. 27/60(a)(5). If two or more property owners executed the subject TODI, all living joint owners must execute the revocation. 755 Ill. Comp. Stat. Ann. 27/70(b). This template assumes there is one owner of the property subject to the TODI; however, if two or more co-owners signed the TODI, adjust the language accordingly. For additional information on transfer on death instruments, see Transfer on Death Instruments for Real Estate (IL). For a TODI template, see Transfer on Death Instrument (IL).