Question By: Someone can contest the will or estate before it is admitted to probate. Or, someone can challenge the denial of admission of the will. In the first scenario, the petitioner’s goal is to show the will is invalid for a variety of reasons. In the second, the goal is to show the will is valid even though it was denied administration. Some reasons an estate can be contested are undue influence, fraud and forgery, and lack of testamentary capacity.
A will in Illinois can be contested for several reasons, including:
- Lack of testamentary capacity: The person making the will (testator) must have the mental capacity to understand the nature and extent of their property, the natural objects of their bounty, and the disposition they are making at the time the will is executed. If it can be shown that the testator lacked testamentary capacity, the will may be declared invalid.
- Undue influence: If it can be shown that someone exerted undue influence over the testator in order to get them to include certain provisions in the will, the will may be declared invalid. This may occur when someone takes advantage of a vulnerable individual or uses coercion or manipulation to get them to change their will.
- Fraud or forgery: If it can be shown that the will was created through fraudulent means, such as the forging of signatures or the alteration of the document after it was executed, the will may be declared invalid.
- Failure to comply with formalities: Illinois law requires that a will be signed by the testator and witnesses in the presence of each other. If a will does not comply with these formalities, it may be declared invalid.
- Revocation: A will can be revoked if the testator deliberately cancels it or executes a subsequent will that revokes all prior wills.
It's important to note that contesting a will can be a complex and time-consuming process, and it's recommended to seek the assistance of an attorney who specializes in estate law.
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