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.