Will Contest Services

The death of a loved one is a difficult and emotional time. This grief can be compounded by the shock and suspicion that arises when their Last Will and Testament seems fundamentally wrong. If you have reason to believe that a will was created under duress, manipulation, or when the person was not of sound mind, you have the right to challenge its validity. For families in Elgin, IL, contesting a will is a serious legal action that protects a loved one’s true final wishes from being corrupted.

At The Law Offices of Anthony R. Scifo, we provide experienced and assertive legal representation in all will contest matters. As skilled probate litigators, we understand what it takes to successfully challenge an invalid will or to defend a valid one from a baseless claim. If you are an heir, beneficiary, or executor involved in a will dispute in Elgin, IL, contact our office for a confidential consultation to understand your rights and legal options at 847-628-8311.

Challenging an Invalid Will in Elgin, IL

A will contest is a formal lawsuit filed in the Kane County probate court. It is not a simple objection; it is a legal challenge that claims the will document itself is not legally valid for specific, recognized reasons. The goal of a successful will contest is to have the court throw out the invalid will. When this happens, the estate is typically distributed according to the terms of a previous, valid will, or if none exists, according to Illinois’s laws of intestate succession (which directs assets to the closest relatives).

Our firm represents clients on both sides of these disputes. We advocate for heirs and beneficiaries who have been wrongfully cut out of an estate, and we provide a robust defense for executors who are tasked with upholding the validity of a will that is under attack.

Legal Grounds for Contesting a Will in Illinois

You cannot contest a will simply because you are disappointed with your inheritance. To have a valid case, you must prove that the will is invalid based on one of the specific legal grounds recognized by Illinois law.

Undue Influence

This is one of the most common grounds for a will contest. It occurs when a person in a position of trust and power uses manipulation, coercion, or pressure to overcome the will-maker’s free will, essentially forcing them to sign a will that benefits the manipulator. This often involves isolating the elderly individual from other family members.

Lack of Testamentary Capacity

To sign a valid will, a person must have the mental capacity to understand the nature and extent of their property, know who their natural heirs are (the “natural objects of their bounty”), and understand that they are signing a document that will dispose of their property upon their death. We can challenge a will signed by someone suffering from advanced dementia, delusion, or other cognitive impairments.

Fraud or Forgery

A will can be invalidated for fraud if the will-maker was tricked into signing it by deception (fraud in the inducement) or was deceived about the very nature of the document they were signing (fraud in the execution). A will is also invalid if the signature is proven to be a forgery.

The Will Contest Process in Kane County

Contesting a will is a complex form of probate litigation that is governed by strict procedural rules and deadlines. Missing a step can be fatal to your case.

1. The Strict Deadline: In Illinois, a petition to contest a will must be filed within six months of the date the will is admitted to probate. This is a very short and rigid timeframe. If you have concerns, you must act immediately.
2. Filing the Petition: The legal process begins by filing a formal petition in the probate court that outlines the grounds for challenging the will.
3. Discovery Phase: This is the critical evidence-gathering stage. We use legal tools like depositions (sworn testimony), subpoenas for medical records, and interrogatories (written questions) to build the case and uncover evidence of undue influence or lack of capacity.
4. Trial or Settlement: While many cases are resolved through negotiation or mediation, our attorneys are always prepared to take a case to trial, presenting the evidence to a judge to fight for a ruling that invalidates the will.

Why Choose Scifo Law for Your Will Contest?

Will contests are among the most challenging cases in probate court. The outcome often depends on the skill and preparation of your attorney. The Law Offices of Anthony R. Scifo is a trusted choice for families in Elgin because we have the specific experience required to successfully handle these disputes.

We understand how to gather and present the nuanced evidence required to prove claims like undue influence. Our reputation as tenacious and thorough trial lawyers in the Kane County court system gives our clients a significant advantage. Whether you are seeking to overturn an unjust will or defend a valid one, we provide the powerful advocacy needed to protect your rights and honor your loved one’s true intentions. In some tragic cases, a will contest may even be related to a claim under the Illinois Slayer Statute, an area in which we also have experience.

Frequently Asked Questions About Will Contests

Who has the right to contest a will in Illinois?

Only an “interested person” has legal standing to contest a will. This is generally defined as someone who has a direct financial interest in the outcome of the case and who would stand to inherit or inherit more if the will were proven invalid. This typically includes heirs-at-law (like children) and beneficiaries named in a prior will.

Are most will contests successful?

Will contests are difficult to win because the law presumes a will is valid. Success depends entirely on the strength of your evidence. Cases involving clear evidence of cognitive decline from medical records or credible testimony about a manipulator’s coercive behavior have a much higher chance of success.

What is a “no-contest” clause?

Some wills include an “in terrorem” or “no-contest” clause, which states that any beneficiary who challenges the will and loses will forfeit their inheritance. While these are meant to discourage lawsuits, they are not always enforceable in Illinois, especially if the contest is filed in “good faith” and with probable cause. For more on the law, you can review the Illinois Probate Act.