In any action or proceeding, any person who would, if a party thereto, be incompetent to testify therein under the provisions of Section 8-201 or Section 8-401 of this Act, shall not become competent by reason of any assignment or release of his or her claim, made for the purpose of allowing such person to testify.
8-501.Release or assignment.
Article VIII. Evidence · Part 5. Effect of Release or Assignment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA person who would be incompetent to testify under the Dead-Man's Act or the account-books rule cannot get around that bar just by having their claim assigned or released to them.
Full Text of 735 ILCS 5/8-501
Plain-English Summary
Section 8-501 closes an obvious workaround to Sections 8-201 and 8-401. If a person would be barred from testifying under the Dead-Man's Act, or would need to meet the account-book authentication requirements of Section 8-401, they cannot manufacture competency by having their claim assigned or released to someone else, or by receiving an assignment or release themselves, when the purpose is to let them testify.
The rule targets timing and purpose. An assignment or release made specifically to allow testimony does not change the underlying incompetency; the person remains barred from testifying just as they would have been without the maneuver.
Read together with Sections 8-201 and 8-401, this section protects the core purpose of the Dead-Man's Act: keeping the trial fair when one side of a conversation or transaction can no longer speak for themselves. Without Section 8-501, a party could sidestep the Act by shuffling the formal ownership of a claim while keeping the same practical interest in its outcome.
Frequently Asked Questions
Can someone become competent to testify under the Dead-Man's Act by transferring their claim?
What is the purpose of Section 8-501?
It prevents parties from using an assignment or release as a device to get around the Dead-Man's Act or the account-book competency rules, preserving the protections those sections provide.
Does Section 8-501 apply to any assignment, or only ones made to enable testimony?
The section specifically addresses an assignment or release made for the purpose of allowing the person to testify, targeting maneuvers aimed at circumventing the competency bar.
Which sections does Section 8-501 cross-reference?
Why would a party try to assign a claim just to testify?
Because Sections 8-201 and 8-401 can bar a party's own testimony about certain conversations, events, or records; transferring the claim's formal ownership might otherwise appear to change who counts as the interested witness, which Section 8-501 forecloses.
Amendment History
(Source: P.A. 87-760.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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