No-contest clauses, also known as in terrorem “by way of threat” clauses, are provisions in wills that provide that if a beneficiary of the will “a legatee” challenges the validity of the will, he or she will forfeit his or her inheritance or receive only a nominal inheritance.
In this article, we explain Illinois formal proof of will hearings in probate, also known as will prove-ups, including the difference between formal proof of will and will contests, what happens at a formal proof of will hearing, who has standing to file a petition for formal proof of will, and the deadline to file a formal proof of will petition in Illinois.
In a probate case, the executor or administrator of the estate the “representative” is responsible for collecting the assets and income of the deceased individual (the “decedent”) and using them to pay any liabilities of the estate prior to paying heirs and legatees (beneficiaries of the decedent’s estate plan). Anyone who has a cause of action against the decedent may file a claim against the estate.
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