How can a will be contested?

| Apr 19, 2017 | wills

A will is an important document that communicates the deceased wishes in regards to property, assets and minor children. In some cases, though, you may decide to fight the validity of a will in Illinois. The law, according to the Illinois Courts, allows you to contest a will but only in limited situations.  You must have standing to protest the will’s validity, which means you have an interest in the outcome, and you must contest within six months after the will is put into probate.

You must also have valid grounds to say a will is not valid. You can say that the will was written at a time when the person was not mentally capable of understanding what he or she was doing or that he or she did not understand the contents of the will. You can also fight on the grounds that the will was revoked, meaning it was invalidated before the person passed away. It is possible to also assert the will is a forgery or is fraudulent. Finally, you can also protest the will if you believe someone exerted influence over the person, making the person put things in the will that he or she otherwise would not have.

When you contest a will, you have the burden of proof. This means you have to prove to the court whatever claim you are making is true. The proof that will need to be given varies based on the grounds you are using to fight the validity of the will. This information is only intended to educate and should not be interpreted as legal advice.