Top Red Flags That Can Trigger Will Contests in Illinois

Senior couple is writing last will

In Illinois, a properly executed will is presumed valid, but that does not mean it is immune from legal challenges. Will contests arise when heirs or beneficiaries believe the document fails to reflect the true intentions of the deceased. These disputes can delay probate, drain estate assets, and fracture family relationships. Understanding the most common red flags that trigger will contests in Illinois can help individuals draft more defensible estate plans and avoid costly litigation.

The estate planning attorneys at Bielski Chapman, Ltd. can help you with will challenges, whether you need to file one or defend against one. Schedule a consultation today to learn more about how we can help. 

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1. Sudden and Significant Changes to the Will

One of the most common warning signs is a last-minute revision that dramatically alters the distribution of assets. If a new will disproportionately favors one beneficiary, especially to the exclusion of longtime heirs, it may raise suspicions of undue influence or fraud. 

2. Questionable Mental Capacity

Illinois law requires that a testator have “testamentary capacity,” meaning they understand the nature of the document, the extent of their assets, and the identity of their heirs. If the testator was suffering from dementia, cognitive impairment, or was under heavy medication at the time of execution, challengers may argue that the will is invalid due to lack of capacity.

Medical records, witness testimony, and expert evaluations often play a critical role in these cases. 

3. Undue Influence by a Caregiver or Close Associate

Undue influence occurs when someone exerts pressure on the testator to manipulate the terms of the will. In Illinois, this is a leading cause of will contests. Red flags include:

  • Isolation of the testator from family and friends
  • Dependence on a single individual for care or financial decisions
  • That individual’s involvement in selecting the attorney or drafting the will
  • A suspicious increase in that person’s inheritance

Illinois courts look for evidence of a fiduciary or confidential relationship between the influencer and the testator. 

4. Improper Execution or Missing Formalities

Illinois law requires that a will be signed by the testator and witnessed by two individuals who are not beneficiaries. If these formalities are not followed, the will may be deemed invalid. Common mistakes include:

  • Using only one witness
  • Having a beneficiary serve as a witness
  • Failing to sign in the presence of witnesses

Even technical errors can lead to a successful challenge, especially if there is ambiguity about the document’s authenticity.

5. Involvement of a Beneficiary in Drafting the Will

If a beneficiary played a role in preparing or executing the will, such as hiring the attorney, dictating terms, or being present during signing, it may suggest undue influence or coercion. Courts are particularly wary when the beneficiary is in a position of trust, such as a caregiver, financial advisor, or legal representative.

6. Evidence of Fraud or Forgery

Allegations of fraud or forgery are serious and can invalidate a will entirely. This includes situations where:

  • The testator was misled about the contents of the will
  • Pages were substituted or altered after signing
  • The signature was forged

Proving fraud requires clear and convincing evidence, but even the appearance of tampering can trigger a contest and delay probate proceedings.

How to Minimize the Risk of a Will Contest

lawyer is consulting senior couple

To reduce the likelihood of a challenge, Illinois residents should:

  • Work with an experienced estate planning attorney
  • Document the testator’s mental capacity at the time of signing
  • Avoid involving beneficiaries in the drafting process
  • Use a no-contest clause, where appropriate
  • Consider videotaping the signing ceremony to demonstrate intent and capacity

Get Help with Will Contests in Illinois

Will contests in Illinois are often fueled by emotional tensions and perceived injustices. By recognizing the red flags and taking proactive steps during the estate planning process, individuals can protect their legacy and ensure their wishes are honored. 

Let the experienced estate planning attorneys at Bielski Chapman, Ltd. assist with any will challenges or contests you are dealing with. Contact us today for a free consultation.