When a loved one passes away, their will serves as a legal document outlining how their assets should be distributed. However, disputes can arise if someone believes the will is invalid or unfair. A contested will occurs when an interested party challenges the will’s validity in court, potentially delaying inheritance distributions and complicating the probate process.
Under Illinois law (755 ILCS 5/8-1), a will can be contested within six months of its admission to probate. This process requires clear legal grounds and supporting evidence, making it essential to understand the potential consequences of contesting a will.
If you are an heir or beneficiary facing a contested will, it is crucial to know your rights and how the process may affect your inheritance.
To create a legally valid will, the testator (the person making the will) must have been mentally competent at the time it was signed. A will may be challenged if evidence suggests the testator lacked the ability to:
If a will is successfully contested on these grounds, the court may invalidate part or all of the document.
Illinois courts recognize undue influence as a valid reason to challenge a will. If someone pressured or manipulated the testator into changing their estate plan, the will may not reflect the testator’s true intentions. Factors that courts consider in undue influence claims include:
If a will was forged or fraudulently created, it is not legally valid. Fraud may occur when someone tricks the testator into signing a document without fully understanding it or forges their signature. Illinois courts require strong evidence to prove fraud, including handwriting analysis, testimony, or other documentation.
Illinois law requires specific formalities for a will to be valid (755 ILCS 5/4-3):
If a will does not meet these criteria, it may be invalid, leaving the estate subject to Illinois intestacy laws.
When a will is contested, the probate process is significantly delayed. While Illinois probate typically takes six to twelve months, a contested will can extend the process for years, preventing beneficiaries from receiving their rightful inheritance.
If a will is successfully contested, the court may:
Contesting a will can lead to significant legal expenses for all parties involved. If the dispute escalates, attorney fees and court costs can diminish the estate’s value. Additionally, probate disputes often create long-term family rifts, leading to strained relationships.
Only interested parties—such as heirs, beneficiaries, or individuals with a financial stake in the estate—can contest a will. If you were excluded from the will but believe you have a rightful claim, you may be eligible to challenge it.
Under Illinois law (755 ILCS 5/8-1), a will contest must be filed within six months of the will being admitted to probate. Failure to meet this deadline may result in losing the right to challenge the will.
If a will is ruled invalid, the court will either enforce a previous valid will or distribute assets under Illinois intestacy laws. This means the estate may pass to the closest relatives based on state inheritance statutes.
Some wills include no-contest clauses, stating that beneficiaries who challenge the will forfeit their inheritance. However, Illinois courts do not always enforce these clauses if a contest is filed in good faith and supported by evidence.
Yes. Will contests are complex legal matters requiring strong evidence and legal strategy. An attorney can protect your inheritance rights, whether you are challenging or defending a will.
If you are facing a contested will in Illinois, legal representation is crucial to protect your rights and ensure fair treatment under the law. At Orlowsky & Wilson, we provide dedicated estate litigation services to help clients resolve probate disputes.
Contact our Lincolnshire estate planning lawyers at Orlowsky & Wilson by calling 847-325-5559 to schedule your consultation. We proudly represent clients throughout Lincolnshire and Chicago, Illinois, ensuring their estate planning and inheritance rights are protected.
