Contesting a Will

A will contest is an action to set aside a will that has been admitted to probate.  This action, which may be filed by any interested party, allows for an opportunity to investigate the circumstances related to:

  • Execution of the will (properly witnessed, with testator of sound mind and acknowledging the signing);
  • The capacity of the testator
  • Other factors affecting the validity of the will.

Reasons why a will may be contested:

  1. Fraud or forgery

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  2. Lack of Testamentary Capacity
  3. Undue influence

If a will is successfully contested, the will is treated as non-existent, and a prior will may be admitted or the decedent’s property will pass by the rules of descent and distribution.

Will contests in Illinois are governed by 755 ILCS 5/8-1 et seq.

For more information on Contesting a Will