An Insider’s Guide to Contesting a Will: 5 Reasons an Attorney is Essential

Losing a loved one is always a difficult time. However, the grief can be compounded when you believe that their will is invalid or unfairly distributes their assets. If you are considering contesting a will, it’s essential to understand the process, your legal rights, and why partnering with one of our skilled probate attorneys is critical to navigating this sensitive matter effectively.

Understanding the Grounds for Contesting a Will

A will cannot be challenged simply because someone disagrees with its terms. Contesting a will requires valid legal grounds, which may include:

Lack of Testamentary Capacity – This means that the person who created the will (the testator) was not mentally capable of doing so. An individual must be of sound mind to execute or alter a will. Generally, that means the person must understand the nature of what he or she is doing in creating the will and the consequences thereof. Therefore, if there is evidence that they lacked mental capacity, the will could be deemed invalid.
Undue Influence – This refers to cases where someone has exerted inappropriate or excessive pressure upon a person to include certain terms in their last will and testament. It could be from an unscrupulous family member or even a caretaker who is looking to secure an inheritance by convincing the testator to change the terms to their benefit. Although it can be difficult to prove, it is a common basis for contesting a will.
Fraud or Forgery – When it comes to contesting a will, fraud can come in different forms. It could mean the forgery of the testator’s signature or that of one of the witnesses. Pages in the will could be missing or swapped out for new ones. Fraud could also mean that the testator was lied to or key facts were misrepresented to him or her, or they were deceived into signing a document they believed to be something other than their will. Any of these situations would be grounds for legal action.
Improper Execution – For a will to be valid, it must comply with state-specific legal requirements. For example, a person creating a will in Illinois must be at least 18 years old and of sound mind and memory. Additionally, the will must be in writing and signed by the testator in the presence of 2 witnesses, which may not include any beneficiaries. A failure to meet these formalities could render the will invalid.

The Role of a Probate Attorney in Contesting a Will

Contesting a will is a complex legal process with strict deadlines and procedural requirements. The experienced probate attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can:

Assess the Validity of Your Claim – We will carefully review the will and gather evidence to determine if you have a valid basis for contesting it.
Guide You Through the Legal Process – There is a lot to take on during this process, so we will handle all the necessary legal filings, including the petition to contest the will, and will represent you in court.
Gather and Present Evidence – In order to support your claim, we will gather and present appropriate evidence, such as medical records, witness testimony, or financial documents.
Negotiate a Settlement – If possible, we will try to negotiate a settlement with the other beneficiaries in order to avoid the time and stress of a lengthy court battle.
Protect Your Rights – Most importantly, we will ensure your rights are protected throughout the entire legal process.

Contact Us for Information

If you believe a will may be invalid, it’s crucial to act quickly. There are deadlines for contesting a will, and waiting too long can jeopardize your claim. If you have questions about the process, we can help you understand your options and determine the best course of action for your situation. Please contact our office at 847-223-1500 to schedule a consultation.