In this article, Elmhurst will contest attorneys explain lack of testamentary capacity as grounds to invalidate an Illinois will or trust. As our Elmhurst will contest lawyers explain, 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.

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In this video, our Elmhurst will contest attorneys describe discovery and evidence in a will contest. A will challenge hinges on the ability of the person contesting the will to prove that a will is invalid due to reasons such as fraud, forgery, compulsion, etc. The Will Challenge Petition must be completed with care and with thoughts to future arguments during the court hearing. Prima Facie refers to establishing a cause of action or defense that is sufficiently established to justify a ruling in his or her favor, provided the evidence is not successfully rebutted by the other party. When the Will Challenge Petition is filed the probate process for a will comes to a halt. The will contest must go through the appropriate litigation process before the probate process can continue.

In this video, our Elmhurst will contest attorneys discuss who exactly can challenge a will. People who are considered “interested persons” may challenge or contest a will. Generally, there are three main categories of people who can challenge a will: Beneficiaries of a prior will, Beneficiaries of a subsequent will, Intestate heirs.

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