If you’re dealing with a will dispute in Illinois, it’s important to understand the legal grounds and how you can protect your inheritance. Illinois law offers several avenues for contesting a will, but it’s essential to act quickly and make sure you meet specific legal criteria. The Illinois Probate Act (755 ILCS 5) outlines the laws governing wills, probate proceedings, and challenges to a will’s validity.
There are several common grounds for disputing a will under Illinois law:
For a will to be valid, the testator (the person who made the will) must have been of sound mind when the document was created. This means they must have understood the nature of their assets, the people who stood to inherit, and the legal effect of making the will. If the testator was suffering from a condition such as dementia or a mental illness, there may be grounds to challenge the will. You would need to provide evidence, such as medical records or witness testimony, to show the testator lacked the capacity to create a valid will.
Another reason to contest a will is if someone unduly influenced the testator. This often happens when a caregiver, relative, or close associate pressures or manipulates the testator into changing their will to favor them. Illinois courts will look for signs of coercion, such as a sudden or drastic change in the will, especially if the testator is dependent on the person who benefits from the changes. Undue influence can be difficult to prove, so gathering evidence like emails, letters, or witness testimony is crucial.
A will can be challenged if it was created under fraudulent circumstances or if the signature on the document was forged. Fraud could involve tricking the testator into signing a document without knowing it was a will or deceiving them about the document’s contents. If forgery is suspected, handwriting experts may be brought in to compare the signature on the will with known samples of the testator’s writing.
For a will to be valid in Illinois, it must meet specific requirements under the Illinois Probate Act. The will must be in writing and signed by the testator in the presence of at least two witnesses who also sign the document. If these formalities are not followed, the will can be contested. For example, if the witnesses were not present at the same time, or the will was not properly signed, a court may find the document invalid.
A will can be revoked if the testator created a new will or destroyed the old one with the intention of revoking it. In some cases, a family member may try to submit an old will for probate, even though the testator had executed a more recent version. If you believe a newer will exists or the old will was revoked, you can challenge the outdated document.
If you are an heir or beneficiary concerned about protecting your inheritance, there are steps you can take. First, if you suspect any of the issues above, you should seek legal advice immediately. You only have six months from the time the will is admitted to probate to file a contest in Illinois. Waiting too long can jeopardize your ability to challenge the will.
You can also ensure your interests are represented during the probate process by working with an attorney who can monitor the proceedings, request documents, and ensure that the executor is acting in accordance with Illinois law. If necessary, your attorney can petition the court to have the executor removed if they are not fulfilling their duties properly.
In Illinois, you have six months from the date the will is admitted to probate to file a will contest. This is a strict deadline, and if you miss it, you lose your right to challenge the will.
The first step in contesting a will is to gather evidence that supports your claim. This could include medical records, witness statements, or documents that show undue influence, lack of capacity, or fraud. Once you have evidence, you can file a petition with the probate court to contest the will.
Yes, a will can be contested if the testator had dementia or another mental illness that affected their ability to understand what they were doing when they signed the will. However, you’ll need to provide evidence, such as medical records or testimony from doctors or witnesses, to show the testator lacked capacity.
It depends on the terms of the will and whether you successfully contest it. If the court finds that the will is invalid, it may be set aside, and the estate could be distributed according to a prior will or, if there is no valid prior will, according to Illinois intestacy laws. In some cases, a “no-contest” clause in a will may prevent you from receiving your inheritance if you contest the will, but Illinois courts tend to enforce these clauses only in limited circumstances.
If you believe someone unduly influenced your relative to change their will, you may have grounds to contest the will. This typically involves showing that the influencer had a close relationship with the testator and used that relationship to coerce or manipulate them into changing their will. Gathering evidence, such as emails, witness testimony, or sudden changes to the will, can strengthen your case.
If you were left out of a will entirely and suspect foul play, you may be able to challenge the will on grounds such as undue influence, lack of testamentary capacity, or fraud. However, being left out of a will by itself is not sufficient grounds to contest it unless there is evidence of wrongdoing.
The length of a will contest can vary depending on the complexity of the case, the amount of evidence, and how cooperative the parties are. Some will contests may be resolved in a few months, while others could take a year or more to go through the probate court system.
Yes, if you believe the will wasn’t properly executed according to Illinois law, you can contest it. For example, Illinois law requires that the testator sign the will in front of two witnesses who also sign the document. If this process wasn’t followed correctly, you may have grounds to challenge the validity of the will.
If you are involved in a will dispute or suspect that a will was created under questionable circumstances, the attorneys at Orlowsky & Wilson are here to help. We understand how sensitive these issues can be, and we are dedicated to protecting your inheritance. Contact our Chicago will dispute attorney at Orlowsky & Wilson by calling 847-325-5559 to receive a free consultation. We serve clients throughout Chicago with law offices in With office locations in Lincolnshire, Northfield, and Chicago, Illinois. Whether you’re an heir, beneficiary, or someone who has been unfairly left out of a will, our experienced attorneys will fight for your rights.
