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Probate litigation: Things to know about challenging a will

There are numerous reasons why someone may want to challenge a will. There are also several reasons why he or she would not be permitted to do so. For any man or woman considering probate litigation, it is critical to first seek clarification of any and all regulations that may apply to a particular situation.

To challenge a will, the person wishing to contest it must be an interested party. Interested parties are legally defined as spouses, children, heirs or others having property rights or claims against the estate that is being administered. In addition to being an interested party, a person wishing to contest a will must also prove his or her standing, meaning he or she was named in the will or stood to receive money or other assets had there have been no will at all.

If a minor wishes to challenge a will, he or she may do so at age 18 or beyond. In some cases, the estate owner may have inserted a clause in a final will that specifically disinherits a particular person, which might make it more challenging to contest. However, it is often still possible.

Such situations can be quite complex and less stressful to navigate if acting alongside experienced legal representation. An Illinois probate litigation attorney can provide guidance and support in all matters of estate but especially in situations where someone wishes to contest a will. Anyone with questions regarding eligibility requirements or challenge issues may seek answers by requesting a legal consultation.