When a loved one passes away, emotions run high, especially when questions arise about the validity of their will. One of the most common reasons families challenge a will in Illinois is a claim of lack of testamentary capacity. As estate attorneys in Lincolnshire, we’ve worked with many clients who believed their family member was not mentally competent when they signed their will. In some cases, these concerns are valid, and the courts take such claims seriously. In others, emotional conflict or misunderstanding can lead to unnecessary legal battles. It’s important to understand the legal definition of capacity, what evidence courts consider, and how the process works under Illinois law.
Under Illinois law, a will is only valid if the person signing it had the legal capacity to do so at the time of its execution. This means they must have understood the nature of their estate, who their beneficiaries were, and the legal effect of signing a will. If someone lacked this understanding due to cognitive decline, mental illness, or undue influence, their will may be contested and possibly set aside.
The concept of testamentary capacity refers to the legal mental ability of a person to make a valid will. According to Illinois case law, particularly from the ruling in In re Estate of Wright, 144 Ill. App. 3d 719 (1986), the testator (person making the will) must meet three basic criteria at the time of signing:
Even a person who has been diagnosed with dementia or another mental condition can have the capacity to sign a will, provided they were lucid at the time of execution. This is why capacity is evaluated at the specific moment the will was signed, not based on general health history.
Under the Illinois Probate Act (755 ILCS 5/8-1), any “interested person” may contest a will by filing a petition in probate court. This must be done within six months after the will is admitted to probate. Interested persons generally include heirs, legatees, or others who would benefit under a prior will or through intestate succession.
To succeed in a challenge based on a lack of capacity, you must present strong evidence. This may include:
Illinois courts generally presume that a will is valid. The burden is on the person contesting the will to prove lack of capacity by a preponderance of the evidence.
If the court determines the testator lacked capacity when the will was signed, the will can be declared invalid. If there is no earlier valid will, the estate will be distributed according to Illinois intestacy laws under 755 ILCS 5/2-1, which outlines a default order of inheritance.
This can result in very different outcomes than what the challenged will directed. For that reason, both the decision to contest a will and the defense of a will should be taken seriously and handled with the guidance of an experienced estate attorney.
It means the person signing the will did not understand what they were doing at the time due to mental impairment or cognitive issues. This includes not knowing what assets they owned, who their natural heirs were, or what the will was intended to do. If this can be proven in court, the will may be invalidated.
Yes, under Illinois law, even individuals with Alzheimer’s or dementia may have a moment of lucidity during which they can legally execute a will. What matters is their mental state at the exact time the will was signed. Evidence of capacity at that moment is essential in court.
You will need supporting evidence such as medical records, witness testimony, or documentation that shows your parent was confused, disoriented, or otherwise unable to understand the content of their will. Statements from caregivers or doctors can carry significant weight in court.
Yes. The formality of the will does not prevent a contest. Even a simple or handwritten will must meet all legal requirements, including the testator’s mental capacity at the time it was signed. If capacity is lacking, the will can be challenged regardless of its form.
If the court declares the will invalid due to lack of testamentary capacity, the estate will be distributed either under a previous valid will or according to Illinois intestacy laws. That could result in very different beneficiaries than what the contested will stated.
You have six months from the date the will is admitted to probate to file a will contest. After that deadline, the opportunity to challenge the will on the grounds of lack of capacity is lost. That’s why it’s critical to speak with an attorney as soon as you have concerns.
Yes, although undue influence is legally distinct, it often overlaps with capacity concerns. If a person with weakened mental ability was manipulated into signing a will that does not reflect their true intentions, you may be able to raise both lack of capacity and undue influence in your challenge.
If you suspect that your loved one lacked the mental capacity to sign their will, the attorneys at Orlowsky & Wilson are here to help. We represent clients across Chicago and throughout Illinois in probate and estate litigation matters with a focus on clarity, respect, and results.
Contact our Lincolnshire estate planning attorneys at Orlowsky & Wilson (847) 325-5559 to schedule a consultation.
