Challenging The Validity Of A Will In Illinois

Challenging the validity of a will in Illinois is a serious and complex legal matter. Will challenges often arise when someone believes a deceased person’s will does not accurately reflect their true intentions. Disputing a will in Illinois can be emotionally difficult and legally complex. However, it is necessary to make sure that the decedent’s true wishes are honored and prevent unfair outcomes for heirs and beneficiaries. Illinois law provides specific grounds for contesting a will and establishes a strict legal process that must be followed to ensure a challenge is valid. As estate attorneys serving clients in Lincolnshire and throughout Chicago, we help families protect their rights when a will’s validity comes into question. 

The Illinois Probate Act (755 ILCS 5/) governs the legal requirements for valid wills and outlines the procedures for contesting a will in probate court. If a will challenge is successful, the court may invalidate part or all of the will, potentially reverting the estate to an earlier will or applying Illinois’ intestacy laws. Understanding the legal standards for challenging a will can empower families to make informed decisions during difficult times.

Grounds For Challenging A Will In Illinois

Illinois law provides several grounds for contesting a will. These legal reasons must be proven with clear and convincing evidence to invalidate a will. Common grounds include:

• Lack Of Testamentary Capacity – The testator must have been of sound mind when the will was executed. If the testator was suffering from cognitive decline, such as dementia, at the time of signing, it may be grounds for a challenge under 755 ILCS 5/4-1.
• Undue Influence – If someone exerted pressure or manipulation on the testator to benefit themselves unfairly, the will can be contested on this basis. Proving undue influence requires demonstrating that the testator’s free will was compromised.
• Fraud Or Forgery – If the will was signed under fraudulent circumstances or the signature was forged, it can be invalidated. Fraud may occur when the testator was misled about the document they were signing, or the will’s contents were altered.
• Improper Execution – Illinois law requires specific formalities when executing a will. Under 755 ILCS 5/4-3, the will must be signed by the testator and witnessed by at least two competent individuals who are not beneficiaries. Failure to meet these requirements can lead to invalidation.
• Revocation – If the testator intentionally revoked the will, such as by creating a new valid will or destroying the existing document, the older will no longer control the estate’s distribution.

Who Can Challenge A Will In Illinois?

Not everyone can challenge a will under Illinois law. Only “interested parties” have legal standing to contest a will. Thistypically includes:

• Heirs at law, such as spouses, children, and grandchildren.
• Beneficiaries named in the current or previous versions of the will.
• Individuals who would inherit under Illinois intestacy laws if the will were invalidated.

If a person does not fall within these categories, they may not have the legal right to file a will contest.

The Legal Process For Contesting A Will In Illinois

To challenge a will in Illinois, a formal legal process must be followed. The will challenge process begins when an interested party files a petition with the probate court where the will was filed. Key steps include:

1. Filing A Petition – The contest must be filed within six months of the will being admitted to probate under 755 ILCS 5/8-1.
2. Notification Of Interested Parties – All heirs and beneficiaries must be notified of the challenge.
3. Evidence Presentation – The challenging party must present evidence supporting their claims, such as medical records, witness testimony, or documentation of undue influence.
4. Court Review – The court will review the evidence and determine if the will should be upheld or invalidated.

If successful, the court may apply a previous will or distribute assets under Illinois intestacy laws.

How We Help Families Protect Their Rights In Will Contests

As estate attorneys, we represent families and heirs seeking to protect their interests during will contests. Our role involves:

• Conducting investigations into the circumstances surrounding the will’s creation.
• Gathering witness testimony, medical records, and other evidence to support the claim.
• Ensuring all procedural requirements under Illinois law are met.
• Advocating for our clients’ rights in probate court.

Preventing Will Contests Through Proper Estate Planning

Proper estate planning can reduce the risk of will contests and ensure a person’s final wishes are honored. Steps that can help prevent disputes include:

• Using a revocable living trust instead of a traditional will.
• The testator must undergo a mental capacity evaluation before signing the will.
• Ensuring the will is properly executed with multiple witnesses.
• Including a no-contest clause to discourage legal challenges.

Illinois Will FAQs

What Is The Deadline For Challenging A Will In Illinois?

Illinois law imposes a strict deadline for contesting a will. Under the Illinois Probate Act (755 ILCS 5/8-1), an interested party has six months from the date the will is admitted to probate to file a formal challenge. Missing this deadline typically results in losing the right to contest the will, regardless of the grounds for the challenge.

What Evidence Can Be Used To Prove A Will Was Invalid?

Proving a will’s invalidity requires presenting clear and convincing evidence. This can include medical records showing the testator’s cognitive decline, witness testimony indicating undue influence, evidence of fraud or forgery, or proof that the will was improperly executed. Collecting this evidence often requires assistance from an estate attorney experienced in probate litigation.

Can A Will Be Challenged If It Was Properly Signed But Later Revoked?

Yes, a will can be challenged if the testator revoked it before passing away. Under 755 ILCS 5/4-7, a will can be revoked by physically destroying it, creating a new valid will, or including language in a later will revoking prior versions. If a revoked will is submitted for probate, it can be contested.

What Happens If A Will Is Successfully Contested?

If a will is successfully contested, the probate court may declare the will invalid. The court could then revert to a previous version of the will or, if no valid prior will exists, distribute the estate according to Illinois intestacy laws, which prioritize spouses, children, and other direct heirs.

Who Has Standing To Challenge A Will In Illinois?

Only interested parties have legal standing to contest a will under Illinois law. This includes heirs, beneficiaries named in the will, and individuals who would inherit under intestacy laws if the will were invalidated. Individuals with no direct financial interest in the estate do not have standing to challenge a will.

Contact Our Lincolnshire Wills & Trusts Attorney For A Free Consultation

At Orlowsky & Wilson, we help families protect their rights when challenging the validity of a will in Illinois. If you believe a loved one’s will was created under improper circumstances, our estate attorneys can review the case, gather evidence, and fight for a fair outcome.

We represent clients throughout Chicago and Lincolnshire. For personalized guidance, contact our Lincolnshire wills & trust attorney at Orlowsky & Wilson, Ltd. at 847-325-5559 to schedule your free consultation.