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If a party challenging a will is able to show that a fiduciary relationship existed between the testator and the person alleged to have exerted undue influence over the testator, there is a presumption of undue influence.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
While Wills can always be challenged, Will contests are largely unsuccessful. It is common knowledge among Illinois attorneys experienced in Probate matters that 99% of Will contests fail. This is especially true if the Will in question was prepared by a competent attorney.
The grounds for invalidating wills in Illinois include undue influence, lack of testamentary capacity, and fraud or forgery. Undue influence occurs when something or someone prevents people from exercising their own rights and wishes when crafting their wills.
Illinois law recognizes that undue influence can take away the victim's independent thinking when making a will, allowing the influencer to direct the testator (will writer) to leave assets to the influencer or a beneficiary of the influencer's choice, rather than of the testator's.
In Illinois, the Illinois Pattern Jury Instructions (IPI) sets out that there is a rebuttable presumption that states: ?Where a decedent leaves (lineal next of kin), the law recognizes a presumption that the (lineal next of kin) have sustained some substantial pecuniary loss by reason of the death.
5.01 Failure To Produce Evidence or A Witness 2. The [evidence] [witness] was not equally available to an adverse party. 3. A reasonably prudent person under the same or similar circumstances would have [offered the evidence] [produced the witness] if he believed [it to be] [the testimony would be] favorable to him.