Dealing with the loss of a loved one is never easy, and working through the details of their estate can be confusing, but what should you do if you think your loved one’s will is not valid?
At Woods & Bates, P.C., we provide compassionate guidance during these difficult times.
A will is intended to reflect the creator’s true wishes, ensuring fair asset distribution. When external factors or errors compromise its validity, it can lead to financial hardship and family conflict.
If you believe a loved one’s will doesn’t reflect their intentions, contesting it may be necessary.
Grounds for Contesting a Will in Illinois
To successfully contest a will in Illinois, you’ll need to establish valid legal grounds. Let’s break these down:
Lack of Testamentary Capacity
In Illinois, the person creating the will (the testator) must have the mental capacity to:
- Understand the nature and extent of their property.
- Recognize and comprehend relationships with family members and others who may be impacted by their decisions.
- Appreciate the legal significance of making a will.
Signs of diminished capacity might include conditions like dementia, memory loss, or delusions.
For example, if your parent drafted a new will during a time when they were struggling with advanced Alzheimer’s, it might lack the necessary testamentary capacity.
Undue Influence
Undue influence occurs when someone uses coercion, pressure, or manipulation to override the testator’s free will. This is especially common in situations where:
- A caregiver pressures an elderly individual to leave the bulk of their estate to them.
- A family member isolates the testator from others to gain control over their decisions.
This type of influence can lead to a will that doesn’t truly reflect the testator’s intentions.
Fraud
Fraud comes in two main forms:
- Fraud in the inducement: When someone is misled into creating or altering a will based on false information.
- Fraud in the execution: When the testator is tricked into signing a document they didn’t realize was a will.
For example, if someone convinced your loved one to sign a document under false pretenses, this could be grounds for contesting the will.
Improper Execution
Illinois law requires specific steps to ensure a will is valid, such as:
- The will must be signed by the testator.
- At least two witnesses must be present during the signing.
- The witnesses must not be beneficiaries of the will.
Failure to follow these steps could render the will invalid.
How to Establish Standing to Contest a Will
To contest a will, you must have “standing,” meaning you’re directly affected by its terms. Generally, this includes individuals such as:
- Heirs at law (those who would inherit if no will existed).
- Beneficiaries named in a prior will.
If you’re unsure whether you have standing, our firm can help clarify your rights during a consultation.
The Will Contest Process in Illinois
Challenging a will requires a structured approach. Below is an outline of the steps involved.
Initiating a Will Contest
The process begins by filing a petition with the probate court. Illinois law has strict deadlines for filing this petition, so it’s important to act quickly. Missing these deadlines could mean losing your right to contest the will.
Discovery and Evidence
Building a strong case involves gathering key evidence, including:
- Medical Records: These can demonstrate diminished capacity or vulnerability to undue influence.
- Witness Testimony: Statements from family, friends, or medical professionals who observed the testator’s condition or interactions with others.
- Professional Testimony: Specialists such as handwriting analysts or medical professionals may provide critical insights.
The discovery phase allows both sides to present evidence, ensuring all relevant facts come to light.
Trial and Court Decisions
If the case proceeds to trial, a judge will hear the arguments, evaluate the evidence, and decide whether the will is valid. Possible outcomes include:
- Upholding the will as written. Losing a case can lead to legal fees, strained family relationships, and the possible enforcement of no-contest clauses in the will.
- If you win, the court may nullify the will, enforce a previous version, or divide assets according to intestacy laws.
- Modifying portions of the will. In some cases, only specific parts of the will are invalidated. This might occur if only one section was influenced by undue pressure.
If you disagree with the outcome, you may have the option to appeal the decision.
Get Assistance with Will Contests from Woods & Bates, P.C.
At Woods & Bates, P.C., we understand that contesting a will can be a difficult decision. Our firm is dedicated to providing compassionate, personalized legal services, including virtual consultations for your convenience.
Whether you need advice on standing, gathering evidence, or understanding the court process, we’re here to support you every step of the way.
Call us at (217) 735-1234 to schedule a consultation, or visit our website to learn more about how we can assist with your estate planning and litigation needs. Let us help ensure your loved one’s wishes are honored.