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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.