In this article, we explain time limitations for trust contests in Illinois and answer the question, “what is the statute of limitations for Illinois trust disputes. We also address the following:
A trust contest is a lawsuit that is filed to object to the validity of a trust. A trust can only be found invalid under specific circumstances, including:
Trusts are generally upheld unless there are legal requirements in writing or execution that have been violated.
For more information about trust contests, see our article entitled What is a Trust Contest?
A trust contest must be initiated by an individual with an interest in the outcome of the court’s decision. For the most part, beneficiaries and heirs are the only people that can contest a trust, as they are the only people that stand to benefit from the trust.
As of January 1, 2020, the period of time for a trust contest to commence is limited to the earlier of two years after the settlor’s death or six months after the date the trustee sends notice of the trust to the beneficiaries. This is one of many changes that the Illinois Trust Code (ITC) is bringing Illinois in 2020. Prior to January 1, 2020, the limitation for beneficiaries to bring a claim for breach of trust was three years rather than two.
For a closer look at the Illinois Trust Code and the changes coming to Probate Law 2020, check out our article entitled The Illinois Trust Code Explained | Changes to Illinois Trust and Estate Law for 2020.
The amount of time it takes to settle a trust is dependent on the schedule of the court and complexity of each case. Motions practice and extensive discovery delay court proceedings.
Consider using a mediator as an intermediary to attempt to limit the amount of time it takes for a trust contest to conclude. It is often cheaper and more efficient to come to an agreement outside of litigation.
How to Contest a Trust in Illinois
For more details about trust contests, see our article entitled How to Contest a Trust in Illinois | Illinois Trust Contests Explained.
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