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A will is supposed to bring clarity and peace of mind after a person passes away. But sometimes, the process doesn’t go as smoothly as intended. In Illinois, a will can be contested if certain concerns arise about its validity or fairness. These disputes can lead to drawn-out court proceedings and strain family relationships. Understanding why wills are contested is the first step in avoiding these problems.
Let’s explore the most common reasons why wills are challenged in Illinois.
Lack of Testamentary Capacity
One of the most frequent reasons a will gets contested is a claim that the person who made it (called the “testator”) lacked the mental capacity to do so. In Illinois, the law requires the testator to understand the nature of their assets, who their beneficiaries are, and what it means to create a will.
If someone was suffering from dementia, severe illness, or another condition that impaired their decision-making ability at the time they signed the will, a challenge may be brought on these grounds. Medical records, witness testimony, and the timeline of the will’s creation all play a role in proving or disproving this claim.
Undue Influence
Another common reason for a will contest is undue influence. This means that someone close to the testator, such as a caregiver, friend, or family member, exerted pressure or manipulated them into making decisions that benefit that person unfairly.
For example, if a new will leaves everything to a single individual who recently became involved in the testator’s life while long-standing family members are left out, that may raise red flags. Illinois courts will look at whether the influencer had access to the testator, helped draft the will, or isolated the testator from others. These cases can be complex and emotionally charged.
Improper Execution
A will must meet specific legal requirements in Illinois to be considered valid. If the document was not signed properly or witnessed by at least two people who were present at the same time, it may be thrown out.
Sometimes, people attempt to write their own wills without legal guidance, and small mistakes, like missing signatures or unclear language, can open the door to a contest. Ensuring a will is properly executed is one of the easiest ways to avoid disputes later on.
Fraud or Forgery
In more extreme cases, a will might be contested because someone believes it was forged or signed under false pretenses. Perhaps someone tricked the testator into signing a document they didn’t realize was a will. Or, in rare but serious cases, someone might have forged the testator’s signature entirely.
If there’s suspicion of fraud or forgery, the courts may bring in handwriting experts or examine the timeline and circumstances surrounding the signing of the will. These situations often require a thorough legal investigation.
Revocation of the Will
Sometimes, the person who created the will revoked it without anyone knowing. This could be done by physically destroying the document or creating a new will that makes the older one invalid.
If multiple versions of a will exist, disputes can arise over which one is the most recent and legally binding. That’s why it’s important to keep records of any changes and store estate planning documents in a secure location.
Talk to an Attorney Before Problems Arise
At Bielski Chapman, LTD., we know how personal and stressful will contests can be. Whether you’re drafting a new will or navigating a dispute after a loved one’s passing, we’re here to help make the process easier and more predictable.
If you have questions about contesting a will or preventing one from being contested, give us a call. We offer a complimentary 15-minute consultation and are happy to walk you through your options. Call us at (312) 583-9430 or contact us online to speak with an experienced Illinois estate planning attorney today.