A will contest is a claim that a will is the result of undue influence, fraud, mental incompetence, or some other impropriety.  The person filing a will contest is essentially asking the probate court to invalidate the will.

In this article, our Illinois team of will dispute attorneys takes a closer look at will contests in Illinois. We explain who has standing to contest a will, the statute of limitations for Illinois will contests, and the process for Illinois will contest litigation.

Our Illinois will dispute attorneys explain undue influence in this Learn About Law companion article.

Undue influence is a cause of action in Illinois will contests, meaning that you can use it as an argument to invalidate a will.  Undue influence occurs when the testator has his or her will overpowered by another person's wrongful actions. A key issue in undue influence will contests is whether a fiduciary duty existed between the testator and the person accused of exerting undue influence.

In this article, our Illinois will contest lawyers explain lack of testamentary capacity as a cause of action in Illinois will contests.

A testator lacks the legal ability to create a bill if, at the time of execution of the will, he or she dies not have the mental capacity to know and understand who his or her immediate family are, understand the property that he or she owns, and plan for a disposition of that property.

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