Current through the 2024 Budget Session
Section 2-1-102 - Rules of construction and applicability(a) This code shall be liberally construed and applied, to promote the following purposes and policies to: (i) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; (ii) Discover and make effective the intent of a decedent in distribution of his property; (iii) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; (iv) Facilitate use and enforcement of certain trusts. (b) Unless displaced by the particular provisions of this code, the principles of law and equity supplement the code provisions. (c) This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. (d) The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this code. It shall also govern further procedure in proceedings in probate then pending unless the court determines its application in particular proceedings or parts thereof is not feasible or will work an injustice, in which event the former procedure shall apply.