When a will or trust is contested in Illinois, families often face emotional strain, legal uncertainty, and confusion about what comes next. These disputes arise during some of the most vulnerable moments in life, and the law requires strict compliance with procedural rules and statutory deadlines.
As attorneys at Orlowsky & Wilson, we want you to understand how Illinois law addresses will and trust contests, who has legal standing to challenge them, and what options are available when questions arise about a loved one’s estate plan. With clear information and proper guidance, you can evaluate the best path forward and protect your interests.
A will may be contested only under specific circumstances recognized by Illinois law. The Illinois Probate Act (755 ILCS 5/8-1) permits parties with standing to challenge a will based on limited legal grounds. These include lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Because Illinois courts favor honoring the wishes of the deceased when legally valid, the burden of proof lies with the person contesting the will.
To establish a lack of capacity, the challenger must show that the testator did not understand the nature of their property, the people who should reasonably inherit, or the effect of signing the will. Claims of undue influence require evidence that another individual exerted pressure so strong that it overrode the testator’s free will. Improper execution focuses on whether the document was signed and witnessed according to the formalities required under 755 ILCS 5/4-3.
As attorneys, we often evaluate medical records, witness statements, and the circumstances surrounding the drafting of the will to determine whether there are grounds for contesting the will. Courts take these issues seriously and examine them closely.
Illinois law limits who may legally challenge a will. A person has standing only if they would benefit financially if the will were set aside. This typically includes heirs-at-law under intestacy rules and beneficiaries named in prior versions of the will. Standing is a threshold issue; without it, a court will dismiss the case regardless of the underlying claims.
Under 755 ILCS 5/1-2.11, heirs-at-law generally include spouses, children, parents, or more distant relatives, depending on family structure. If the challenger is not an heir or someone who loses rights due to the most recent will, they likely cannot bring the action. As attorneys at Orlowsky & Wilson, we begin each consultation by assessing standing because it determines whether litigation is even possible.
Trust disputes operate under different statutory rules. The Illinois Trust Code (760 ILCS 3/101) provides the framework for contesting trusts, challenging amendments, and addressing misconduct by trustees. A trust may be challenged for the same reasons as a will—lack of capacity, undue influence, fraud, or improper execution. However, disputes frequently center on trustee actions, including mismanagement of assets, failure to provide required accountings, or breach of fiduciary duty.
A trustee must follow the terms of the trust and act with loyalty, prudence, and impartiality. If a trustee acts improperly or places their own interests ahead of the beneficiaries, beneficiaries have the right to seek court intervention. Remedies may include removal of the trustee, restitution, surcharge, or court oversight of future administration.
Contested estate matters often present more than one legal strategy. Some disputes require full litigation, while others can be resolved through negotiation or settlement. Litigation may be necessary when parties refuse cooperation or when significant wrongdoing is suspected. Illinois law requires that a will contest be filed within six months of the will entering probate under 755 ILCS 5/8-1, so acting promptly is critical.
For trusts, the deadline for contestation may vary depending on how and when notice was provided to beneficiaries. We help clients evaluate risk, cost, and evidentiary strength before deciding how to proceed. In many cases, early legal intervention prevents issues from escalating and helps protect family relationships by reducing uncertainty.
At Orlowsky & Wilson, we take a measured and strategic approach to these emotionally charged matters. Our role is to analyze the legal issues, assess the strengths of available claims, and help you understand your rights under Illinois law. We support clients throughout Chicago and surrounding communities by providing guidance grounded in the statutes, case law, and practical experience. Whether you are contesting a will, defending against a challenge, or questioning the conduct of a trustee, we help you make informed decisions in a difficult time.
Illinois law limits will contests to specific statutory grounds. These include lack of testamentary capacity, undue influence, fraud, forgery, and improper execution under 755 ILCS 5/8-1 and 5/4-3. A valid challenge must show that the will was not created voluntarily or in compliance with legal requirements. Courts require clear evidence, and the burden of proof rests on the person bringing the contest. If the evidence shows the testator understood their property, their heirs, and the nature of signing the will, the court will typically uphold the document. This is why careful analysis is essential before filing a claim.
Standing is limited to individuals who would inherit more if the contested will were set aside. This usually includes heirs-at-law under Illinois intestacy laws and beneficiaries named in an earlier version of the will. If someone would not financially benefit, they cannot pursue a contest. Courts treat standing as a threshold issue; if it is not met, the case will not move forward. We assess standing before taking any further legal action so clients understand their eligibility and potential outcomes.
A trust can be contested for many of the same reasons as a will—lack of capacity, undue influence, fraud, or improper execution. Trust disputes also arise when beneficiaries believe a trustee has breached their fiduciary duty. Under the Illinois Trust Code, trustees must act loyally, prudently, and according to the trust’s terms. If a trustee mismanages assets, ignores beneficiary rights, or fails to maintain accurate records, beneficiaries can petition the court for relief. Remedies may include removal of the trustee or restitution of mismanaged funds.
Illinois imposes strict deadlines. A will contest must be filed within six months of the will being admitted to probate under 755 ILCS 5/8-1. For trusts, deadlines vary depending on the notice provided and the nature of the claim. Missing a statutory deadline generally prevents a contest from moving forward, regardless of how strong the underlying concerns may be. Timely legal review is essential so you understand your rights and preserve any potential claims.
If a trustee violates their legal obligations, beneficiaries have several remedies under the Illinois Trust Code. They may request the trustee’s removal, seek damages, compel an accounting, or ask the court to supervise administration. Trustees must act in the best interest of beneficiaries and follow the terms of the trust. When they fail to meet these duties, courts have the authority to intervene and protect the integrity of the trust. Prompt action helps prevent further financial harm and restores proper management of the estate.
If you are facing a will contest, trust dispute, or questions about estate administration, Orlowsky & Wilson can assist you. Our attorneys help clients evaluate their rights and protect their interests throughout Chicago and the surrounding communities.
To speak with our legal team and receive guidance tailored to your situation, contact our Lincolnshire estate planning lawyers at Orlowsky & Wilson (847) 325-5559 to schedule a consultation. We are here to help you move forward with clarity and confidence.
