How to Contest a Will in Winnebago County
First, a will is a legal document involved in an estate plan which determines what happens with someone’s assets once they pass away. At times, the people involved in a will may be displeased with its terms. However, disagreements towards a will alone will not be enough to question its legitimacy. Most often after someone passes away, there will is made public. Therefore, in order to contest a will, you must have “standing” with that court.
Who Can Contest a Will?
Specifically, in Illinois any person who is affected by a will may contest it. Therefore, heirs, family members, children, spouses, and others involved in the estate may contest a will. However, they must do so within the appropriate amount of time.
Timeframe to Contest a Will
Most importantly, people included in a will have 6 months to contest the will after it has been admitted in probate court. In the event a judge determines you have “standing”, your case will proceed.
Valid Reasons for Contesting a Will
Fraud
Firstly, if a will was improperly executed, there may be grounds for contestation. For example, any type of forgery which is noticeable is likely to cause a wills validity to disappear. Furthermore, if an unknown or secret provision is made to the document, it may invalidate the will. Lastly, all legalities that were agreed upon when the document was first crafted must be had to assure a wills validity.
Invalid Testator
Secondly, if the testator is under the age of 18 when the will was created, it will likely be invalid. Additionally, if the testator is unsound mind or under a legal disability, the will may be contested.
Undue Influence
Thirdly, the term “undue” in this context means excessive. To clarify, undue influence takes place when someone pressures another to include certain things in a will. Above all, coercion and peer pressure have no place in regard to wills. Undue influence is grounds for questioning the legitimacy of a will. In addition, individuals who hold a position of trust with the testator may by law be personnel to have given undue influence if they receive something in a will they would not normally get.
