Nothing in this Article shall in any manner affect the laws now existing relating to the settlement of the estates of deceased persons, minors, persons under legal disability who have guardians, or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded, or to the attestation of the execution of last wills or of any other instrument required by law to be attested.
8-601.Laws not affected.
Article VIII. Evidence · Part 6. Certain Laws Unaffected · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceArticle VIII's evidence and witness-competency rules leave untouched existing Illinois law on settling decedents' estates, proving deeds and conveyances for recording, and attesting wills and other legal instruments.
Full Text of 735 ILCS 5/8-601
Plain-English Summary
Section 8-601 is a savings clause. It makes clear that nothing in Article VIII, which includes the Dead-Man's Act and the other witness-competency and evidence rules in this Part, changes existing Illinois law governing the settlement of estates of deceased persons, minors, or persons under legal disability who have guardians.
It also preserves the separate body of law on acknowledging or proving deeds and other conveyances of real estate so they can be recorded, and on attesting the execution of wills or other instruments the law requires to be attested. These are specialized bodies of law with their own formalities, and Section 8-601 avoids any implication that Article VIII's witness-competency rules override them.
In practice, this section is a boundary marker rather than an operative rule of evidence. It tells courts and practitioners that the Dead-Man's Act and its companion sections operate within their own lane and do not reach into probate administration, real estate recording formalities, or will attestation requirements found elsewhere in Illinois law.
Frequently Asked Questions
Does the Dead-Man's Act change how Illinois estates are settled?
No. Section 8-601 says nothing in Article VIII affects existing law on settling the estates of deceased persons, minors, or persons under legal disability who have guardians.
Does Article VIII's evidence rules affect how deeds are proved for recording?
No. The section expressly preserves existing law on the acknowledgment or proof of deeds and other real estate conveyances needed to record them.
Does the Dead-Man's Act change will attestation requirements?
No. Section 8-601 leaves in place existing law on attesting the execution of wills or other instruments the law requires to be attested.
What kind of provision is Section 8-601?
It is a savings clause that limits the reach of Article VIII, clarifying that the evidence rules in this Article do not override separate, established bodies of Illinois law on estates, conveyances, and attestation.
Why does the Code include a section like 8-601?
To prevent Article VIII's witness-competency and evidence provisions, such as the Dead-Man's Act, from being read as silently modifying long-standing formalities in probate, real estate recording, and will execution.
Amendment History
(Source: P.A. 82-280.)
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
Also known as: illinois evidence act savings clausedead man's act estate settlement exceptionwills and deeds not affected illinois evidence8-601 illinois code of civil procedure