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Approximately 99 percent of wills pass through probate without issue.

Wills are seen by the courts as the voice of the testator, the person who wrote the will.

This can be the people that were to receive property under the most recent prior will; or, if there was no prior will, the decedent’s heirs at law have a right to contest the will.

A will can be declared invalid if the decedent signed the will at a time when they were not of sound mind and did not have the required mental capacity to understand what they were signing.

The parties that were adversely affected by an improper will are those individuals who would receive the decedent’s property if the challenged will were declared void.

It can also lead to lengthy delays in the probate process.

For more than 15 years, I have worked as a lawyer to help families achieve best possible outcome to will contests and other probate issues. To schedule a free initial consultation to discuss your probate dispute, call me at 630-283-1987 or email my firm.

After a loved one’s death, there is nothing more unsettling than finding out that they left a will which (1) appears to be the product of coercion by some outside individual or (2) was executed after the decedent lost the mental capacity to sign a will.

If you discover that your loved one left behind a will which does not appear to reflect their true wishes, you should consult with a The will contest process asks the court to void the will in its entirety and declare it invalid.


  1. Contesting the Validity of a Will in Illinois. May 15, 2014 By Denice A. Gierach. Dead Man's Act, Illinois estate planning lawyer, attorney, will, probate While talking about life after you are gone and deciding how to distribute your property can be difficult, estate planning is the responsible thing to do. There are many avenues.

  2. In Illinois, a person adversely affected by the will of a deceased person may contest the validity of that will. Any claim contesting a will must be filed within 6 months after the court enters an order which admits the will to probate. Persons Entitled to Contest a Will. In order to contest a will, a person must have what the law calls.

  3. A person who is at least 18 and mentally competent may make a will in Illinois. When the will is filed in court to start probate -- the legal procedure used to settle an estate -- a person with an.

  4. C. Grounds for Invalidity of a Will. 1. Undue Influence. Influence is “undue” when it “prevents the testator from exercising his own will in the disposition of his estate” such that the testator's will is rendered more the will of another. Id. 69. at 963. In order to invalidate a will, the undue influence must have been “directly.

  5. Learn about how a Will Contest works in Illinois in this in-depth article. So, what issues can give rise to a potential Will contest in Illinois. A party contesting a Will and asserting that a Will was executed as a result of undue influence, must establish the existence of the following elements 1 a fiduciary relationship.

  6. In this article we will explain lack of testamentary capacity as grounds to invalidate an Illinois will or trust.

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