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 County 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.

Read more in the full article by our DuPage County will dispute attorneys.

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 the probate court.

Check out the full article by our DuPage County will contest attorneys explaining lack of testamentary capacity as a cause of action in DuPage County will contests.

In this article, our DuPage County 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.

To learn more, check out the full article by our DuPage County will dispute attorneys comparing and contrasting will contests and formal proof of will hearings.