Our DuPage County will contest attorneys will be your aggressive advocate if you are involved in a will dispute. Whether you are disputing the validity of a will or you are the executor of a probate case in which a will is being contested, we will put you in the best position to succeed in an affordable and timely manner. Our DuPage County will dispute attorneys are proud of their client communication and above-and-beyond service.
Please contact our friendly
DuPage County Will Contest Attorneys
at our nearest location to schedule a free consultation:
See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.
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An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.
DuPage County will contest attorney Kevin O'Flaherty explains what a will contest is and what situations allow for a will to be contested.
In this article, our DuPage County will dispute lawyers explain DuPage County will contests. A will contest can be filed if an individual believes that a will was executed when the testator was mentally incompetent, under undue influence, or defrauded. Our DuPage will contest lawyers discuss the statute of limitations to file will contests in Illinois, who may file a petition for a will contest, who the petitioner must give notice of the will contest and the different situations in which wills can be contested. We then explain the will contest process in DuPage County, some common defenses to will contests, and how no-contest clauses in wills work.
DuPage will litigation attorney Kevin O'Flaherty talks about questioning the validitiy of a will based on testamentary or mental capactiy.
In this article, our DuPage County will dispute lawyers explain lack of testamentary capacity as a cause of action in will contest cases. Lack of testamentary capacity is an argument used when contesting the validity of a will. In order for a will to be valid, the person who created the will \must have had the mental capacity to understand the consequences of executing the will. If an interested party can prove that the testator did not have the mental capacity to execute a will at the time the will was executed, the will may be invalidated by th probate court.
DuPage County will dispute lawyer Kevin O'Flaehrty explains the process for formal proof of will hearings, and how they differ from will contests.
In this article, our DuPage will dispute lawyers explain the differences between formal proof of will hearings and will contests. A formal proof of will hearing is a proceeding in which an interested party requires the executor of a probate case to prove that the will was properly executed through the testimony of the witnesses. The inquiry in a formal proof of will hearing is limited to facts surrounding the execution of the will and the evidence is limited to the testimony of the witnesses to the will. A will contest, on the other hand, has a broader range of causes of action and types of proof that may be presented to the court. Often, heirs or legatees who are challenging a will will first file a formal proof of will hearing and then file a will contest if the formal proof of will hearing is not successful.