Lack of Testamentary Capacity – Illinois Will Contest

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A finding of a Lack of Testamentary Capacity at the time of the execution of a will can be the basis for a successful will contest.  In Illinois, there is a presumption that the testator possessed testamentary capacity at the time the will was executed, if the will is properly executed (signed) in . . . → Read More: Lack of Testamentary Capacity – Illinois Will Contest

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 . . . → Read More: Contesting a Will