Lesser Lutrey Pasquesi & Howe LLP, Attorneys at Law
CALL

A Commitment

to Each Client.

When might a will be contested? 

A will can ensure that your assets are distributed in a manner of your choosing. After you pass, this can help your family to remain financially secure. Additionally, if you have been generous to charity in the past, this legacy can continue through your will long after you have gone. 

Sadly, disputes over inheritance are relatively common and they can be difficult to resolve. When might a will be contested? 

A lack of capacity 

Legal documents are only legitimate if the parties bound by them have the capacity to understand the terms. A will offers precise instructions on how potentially valuable assets are to be distributed. 

If an individual is in a compromised state mentally when drafting a will, for instance, an elderly person who suffers from dementia, then the documents may be challenged in the courts. 

No legal validity 

Questions can be raised over the validity of a will if it has not been through the appropriate legal channels. Sometimes, wills can be fraudulent. For instance, a document may have been created with a forged signature. Additionally, wills must follow the specific laws set out in the state of Illinois. 

For instance, a person must be at least 18 years of age before they can create a will. Furthermore, two credible witnesses must be present to oversee the signing of the document. 

Undue influence 

As mentioned previously, individuals can be in a vulnerable state when drafting their will. There is a potential for malicious parties to take advantage of this and pressure them into being included in the estate. 

Decisions regarding inheritance must be made on a voluntary basis. The presence of undue influence is also likely to result in will contests. 

If you want to avoid contests over a will then it may be in your best interests to seek legal guidance. Having a watertight will can offer you peace of mind and security for loved ones.

FindLaw Network
LinkedIn
LCA Litigation Counsel of America Fellow
ACTEC The American College of Trust and Estate Counsel
My Estate and Legacy Planner