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Probate

Will Contests & Will Disputes

Can Someone Not Named in a Will Contest It?

Can Someone Not Named in a Will Contest It?

Can someone who is not named in a will contest the will? People who are considered “interested persons” may challenge or contest a will.

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Can Living Wills be Contested? | How to Contest a Living Will in Illinois

Can Living Wills be Contested? | How to Contest a Living Will in Illinois

In this article, we answer the question: “Can Living Wills be Contested?”, including “What is a Living Will?” and “How to Contest a Living Will”.

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No-Contest Clauses in Illinois Wills and Trusts

No-Contest Clauses in Illinois Wills and Trusts

In this article, we will explain no-contest clauses in Illinois wills, and answer the question, “are no-contest clauses in wills enforceable in Illinois?”

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Lack of Testamentary Capacity in Will Contests

Lack of Testamentary Capacity in Will Contests

In this article we will explain lack of testamentary capacity as grounds to invalidate an Illinois will or trust.  In order to execute a valid will, the person creating the will or trust (“the testator”) must have the mental capacity to understand the ramifications of the act of executing the will or trust.  

Lack of testamentary capacity is one of several bases for arguing that a will or trust is invalid, including undue influence, fraud, revocation, and noncompliance with formalities of execution. For some foundational information about will contests and Illinois probate litigation, check out our article: Illinois Will Contests Explained | Illinois probate litigation.

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Undue Influence in Illinois Will Contests Explained

Undue Influence in Illinois Will Contests Explained

The purpose of this article is to explain undue influence as a cause of action in Illinois will contests and probate litigation.  For some foundational information about will contests and the Illinois probate litigation process, check out our article: Illinois Will Contests Explained | Illinois probate litigation.  “Undue influence” is one of many bases for arguing that a will is invalid, other causes of action include lack of testamentary capacity, fraud, revocation, and noncompliance with formalities of execution.

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Illinois Will Contests Explained

Illinois Will Contests Explained

In this article we will explain the procedure for will contests in Illinois probate cases.  We will discuss the difference between will contests and formal proof of will hearings, the causes of action, defenses, and burdens of proof for Illinois will contests, the Illinois statute of limitations for will contests, as well as several procedural issues regarding will contests such as who has standing to contest a will, who is entitled to notice of a will contest, the executor’s duty to defend the will, and who is responsible for paying attorney fees in a will contest.

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Illinois Formal Proof of Will Hearings Explained

Illinois Formal Proof of Will Hearings Explained

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. 

​What is a formal proof of will hearing?

In a formal proof of will hearing, interested parties have the ability to challenge the admission of the will into probate by requesting that the executor present proof that the will was properly executed. 

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