In this article, our Cook County will contest attorneys explain what a will contest and how will litigation works. A will contest is filed by an interested party seeking to invalidate a will based on allegations that the will was improperly executed based on fraud, undue influence, without the requisite mental capacity, or as a result of some other impropriety. We explain the deadlines to file a will contest, who may file a will contests, and the impact of no-contest clauses in wills.

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In this article, our Cook County will contest lawyers explain formal proof of will hearings and how they differ from will contests. When a petition for a formal proof of will hearing is filed by an interested party, the executor of the estate must present the testimony of the witnesses to the will to prove that the will has been properly executed and that the testator was of sound mind at the time of execution. While the inquiry in a formal proof of will hearing is typically limited to the formalities of execution, a will contest can deal with a broader range of issues and evidence.  

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In this article, our Cook County will litigation attorneys explain no-contest clauses and their impact on Illinois will contests. A no-contest clause is a clause in a will that states that if a beneficiary under the will challenges the validity of the will, he or she will forfeit any benefit he or she would otherwise receive under the will. No-contest clauses, while generally enforceable, cannot actually prevent will contests.  Nor can they prevent inheritance if the will is actually invalidated. They simply revoke any benefits that would have been granted in the contest will if the will contest fails.