PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options. Learn More
Open: Menu Lesser Lutrey Pasquesi & Howe, LLP
Call Now to Begin a Consultation
Open: Practice Areas

Wills and trusts: Reasons they get contested

Many Illinois residents may become involved in probate litigation at some point in their lives. It can be difficult to resolve such situations. It can also be quite expensive, especially if a case is tied up in the courts for a long time. Understanding the most common reasons wills and trusts are contested may be helpful; it is also a good idea to know where to seek legal support, as needed.

One of the qualifying factors of a last will and testament is that the person executing the document must be of sound mind when he or she signs it. If a person writes or updates a will under duress, an undue influence complaint may be submitted in probate court. Another reason that a will might be contested is if fraud is suspected.

If a beneficiary exploits or somehow takes advantage of a testator to his or her own benefit, he or she may be guilty of fraud. Lack of testamentary capacity is also a reason to contest a will. Besides a sound mind, the person signing a will must understand the value of his or her assets, as well as the implications of the document, meaning the consequences that will naturally unfold upon signing it.

Lesser Lutrey Pasquesi & Howe, LLP, in Illinois, is well-versed in all estate matters, including those pertaining to wills and trusts. Acting alongside experienced legal representation is helpful in estate, trust or guardianship litigation. If you believe you have reason to contest a will or are in need of guidance and support to plan your estate, you can request a consultation with a member of our legal team.

No Comments

Leave a comment
Comment Information

How Can I Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Lesser Lutrey Pasquesi & Howe, LLP
191 E. Deerpath Suite 300
Lake Forest, IL 60045

Phone: 847-295-8800
Fax: 847-295-8886
Lake Forest Law Office Map

Chicago Office
161 N. Clark Street
Suite 1600
Chicago, IL 60601

Phone: 847-295-8800
Fax: 312-523-2001
Chicago Law Office Map

  • Facebook
  • Linked In
  • Twitter