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.