Mistakes to Avoid When Contesting a Will 

 Posted on February 12, 2024 in Estate Planning

Contesting a will in Illinois is a complex legal process that requires careful planning and understanding of the specific laws that address this process. No matter why you want to contest a will, to increase your chances of success, it is crucial to avoid common mistakes that can jeopardize your case. To give yourself the best chance of success, contact a trained attorney.

Missing the Statutory Deadline

In Illinois, there is a strict deadline for contesting a will. Generally, a will must be contested within six months after it is admitted to probate. You will need to file your claim within this timeframe to avoid your case being dismissed. As soon you decide to contest a will, consult with an attorney as quickly as possible to ensure you understand and meet the deadline, as missing it can severely impact your chances of success.

Lack of Standing to Contest the Will

To contest a will in Illinois, you must have legal standing. This means that you must be an interested party with direct financial or property interest in the estate. Only those who meet this requirement can challenge the validity of a will. It is essential to consult with a lawyer to determine your standing before proceeding with a will contest.

Insufficient Evidence to Contest the Will

Building a strong case requires gathering and presenting compelling evidence. In Illinois, the burden of proof lies with the party contesting the will. Not having enough evidence to support your claim can significantly weaken your case. Thoroughly investigate the circumstances surrounding the creation and execution of the will, including any allegations of undue influence, lack of capacity, or fraud. Collecting relevant documents, witness statements, and professional opinions can bolster your case.

Ignoring the Terms of the Will

When contesting an Illinois will, it is crucial to review the terms of the document carefully. For example, if the will contains a “no contest” clause, it may penalize beneficiaries who challenge the will. Ignoring such clauses with a solid legal basis can make it very hard to make a strong case, even if your reasoning is fair. As a result, you must think about the potential consequences of contesting a will before proceeding

Contact Our Skilled Lombard, IL Estate Planning Attorney

Contesting a will in Illinois requires careful navigation of legal procedures and adherence to complex laws. For legal help. Contact the skilled DuPage County, IL estate planning lawyers with A. Traub & Associates. Call 630-426-0196 for a private consultation.