Law Offices of Anthony R. Scifo – Contesting a Will in Illinois – Call 847-628-8311
A person affected by a will may contest its validity within six months after its filing in an Illinois probate court. This can include members of the family, spouses, former-spouses or someone who has a business interest in the estate. Contesting a will can proceed if the court decides the person does, in fact, have standing.
Contesting a Will in Illinois – The grounds for contesting a will in the state of Illinois can include:
–Forgery or fraud. Improper execution of a will can be grounds for the court to declare it invalid.
For instance, if a signature on a will is a forgery the will may not meet legal requirements. Also, the document might not meet be valid if provisions to it were secretly added.
-Undue influences. If someone forces or persuades someone to write a will or distribute assets in a specific way, it can serve as grounds to contest it. Someone with interests that conflict with potential heirs to someone’s estate may try to persuade that person to change their beneficiaries.
-Insufficient testamentary capacity. A person who creates a will is known in the legal system as the testator. In cases where the testator is mentally unfit and that condition impacts their judgment, the court might determine they didn’t have the capability to create a valid will. If a person who suffers from dementia, for instance, creates a new will that differs considerably from an earlier will, it could be possible to contest it on grounds the testator was not mentally able to make sound decisions.
If you are considering contesting a will in the state of Illinois, call the Law Offices of Anthony R. Scifo today for a free, private consultation. Our experienced lawyers can assess your case and advise you on your best options.