Question By: Creating a will is an essential step in estate planning, providing a clear roadmap for the distribution of assets after one's passing. However, situations may arise where individuals question the validity of a will or believe it does not accurately reflect the wishes of the deceased. In Illinois, like in many other states, certain aspects of a will can be contested. Explore what can be contested in a will in Illinois and shed light on the legal grounds for challenging its validity.
Lack of Capacity:
One of the primary reasons a will may be contested in Illinois is if there are concerns about the mental capacity of the person creating the will. To be valid, the testator must have been of sound mind and fully aware of the nature and extent of their property, as well as the individuals receiving their assets. If there are doubts about the testator's mental capacity at the time of creating the will, it can be contested.
Undue Influence:
Undue influence occurs when someone exerts pressure or manipulates the testator into making decisions that go against their true intentions. If there is evidence that a person close to the testator, such as a caregiver or family member, exerted undue influence over the creation of the will, it may be contested in Illinois.
Fraud or Forgery:
Wills can be contested if there is suspicion of fraud or forgery. This could involve false representation, deception, or the forging of the testator's signature. If any fraudulent activities are discovered in the creation or execution of the will, it can be grounds for contestation.
Improper Execution:
Illinois law has specific requirements for how a will must be executed to be considered valid. If the will was not properly signed, witnessed, or notarized according to these requirements, it can be contested. Proper execution is crucial for upholding the legality of a will.
Ambiguity or Lack of Clarity:
Wills should be clear and unambiguous to ensure the testator's wishes are accurately interpreted. If the language used in the will is unclear, contradictory, or susceptible to multiple interpretations, it may be contested in Illinois. Ambiguity can lead to disputes among beneficiaries.
Their Arlington Heights estate planning attorneys at Orlowsky & Wilson can answer them. Spending just a few hours with a skilled estate planning attorney can save you thousands in taxes, estate taxes, and administrative costs. For more information, visit: https://orlowskywilson.com/what-can-be-contested-in-a-will-in-illinois/.
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