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Whether you're disputing the validity of a will or you are the executor of an estate in which the will is being contested, our Naperville will contest attorneys will advocate for you in an affordable and timely manner. Our Naperville Will dispute lawyers are proud of their client communication and above-and-beyond service.
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In this article, our Naperville will litigation lawyers explain will contests in Illinois. In probate cases, wills of the deceased can be contested by heirs and beneficiaries for a number of reasons. In this article you will learn what a will contest is, the statute of limitations for will contests, who has standing to file a petition for a will contet, and in what situations a will can be contested.
Our Naperville will contest lawyers want you to better understand what effect lack of testamentary capacity has on your will contest case.
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 or trust must have had the mental capacity to understand the consequences of executing the will or trust. If someone has cause to believe that the person who created teh will did not have the testamentary or mental capacity to execute a will, the will can be contested based on lack of mental capacity.
In this article, our Naperville will dispute lawyers explain formal proof of will hearings in Illinois.
There is a difference between proof of will hearings or will prove-ups and will contests. This article discusses some of those differences, who has standing to file a petition for a hearing, and the purpose of the hearing.
To learn more, check out the full article by our Naperville will dispute attorneys.
In Illinois, a will can only be contested on specific legal grounds — disagreement with how assets are distributed is not sufficient on its own. The recognized grounds for a will contest include: lack of testamentary capacity — the testator did not understand the nature of making a will, the extent of their property, or who their natural heirs were at the time of signing; undue influence — someone exerted improper pressure that overcame the testator's free will; fraud or forgery — the testator was deceived about what they were signing, or the will was forged; and improper execution — the will was not signed, dated, or witnessed as required by Illinois law. A will contest is a formal legal proceeding filed in the probate court, and the burden of proof rests with the person contesting the will. Contact our Naperville will contest attorneys to evaluate your case.
In Illinois, a will contest must be filed within 6 months after the will is admitted to probate. This deadline is strictly enforced and missing it typically bars any future challenge, regardless of the strength of the claim. In some circumstances — such as when a person was not given proper notice that the will was admitted to probate — the deadline may begin from the date notice was received. However, do not rely on any exception without consulting an attorney immediately. If you are aware that a loved one has died, that there may be a will, and that you have concerns about its validity, you should contact a will contest attorney as soon as possible — before the probate proceedings begin if possible. Contact our Naperville will contest attorneys promptly.
When a will is contested, the executor (formally called the "independent administrator" in Illinois) has a duty to defend the will as submitted to probate, using estate assets to pay for legal defense if necessary. The executor must notify all interested parties of the proceedings, preserve estate assets during the contest, and avoid distributing assets until the contest is resolved — distributing assets to beneficiaries before a will contest is fully resolved can create significant personal liability. The executor should retain experienced probate litigation counsel immediately upon learning of a will contest. If the will contest is successful, the court will set aside the contested will and the estate will either pass under an earlier valid will, or if none exists, under Illinois intestacy laws. Our Naperville will contest attorneys represent both contestants and executors defending wills.