In the world of probate, the will contest tends to be seen as the quintessential probate action, just as the will is often seen as the quintessential artifact of estate planning.  In simplest terms, a will contest is a legal attempt to invalidate a will.  In Illinois, a will contest can be filed by an interested person, as defined by the Probate Act.  In this context an interested person is anyone with a financial interest, property right or fiduciary status in the proceedings.  The procedure, in Illinois, for a will contest is relatively simple in overall structure.  The party challenging the will is challenge that the will in question is actually the will of the testator.

In general there are two means of going about this.  The first is to argue that the will in question does not meet the legal requirements for such a document.  In Illinois, for example, to be legitimate a will must be signed by witnesses.  There are numerous legal requirements for a will to be legitimate and a will contest might try to invalidate a will on the grounds of any of them.  The second general method of contesting a will is to argue that the document is invalid because it was created by means of fraud, duress or forgery.

The specifics of any will contest case will be nuanced, of course, and no two cases will look exactly alike.  For more information on will contests or other probate issues, contact the Chicago probate lawyers at Horowitz & Weinstein.

Legal Disclaimer.