This is a multi-state form covering the subject matter of the title.
Illinois Complaint to Contest Will
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FAQ
How often will a court agree with the person contesting a will in Illinois, and agree to overturn or amend a written will? If the person writing the will did so with the help of an Illinois or Arlington Heights probate attorney, the chances of a successful challenge are slim to none.
In order to raise a presumption of undue influence, the party challenging the will must show that a fiduciary relationship existed between the testator and a person who substantially benefited under the will, that the person who benefited under the will was in a position to dominate and control the testator, and that ...
Any interested person may file a petition in the proceeding for the administration of the testator's estate or, if no proceeding is pending, in the court in which the will was admitted to probate, to contest the validity of the will.?
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
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.
Someone's last will and testament lays out what should happen to their money and possessions after they die. If someone disagrees with the contents of a will, they may be able to contest the will. Challenging a will costs thousands of dollars, with lawyer fees likely reaching $5,000 to $10,000 at a minimum.
These grounds include undue influence, lack of testamentary capacity, fraud, forgery, revocation, ignorance of the contents of the will, partial invalidity, or any other ground that would show that the document is not the decedent's will. Roeske v. First Nat'l Bank, 90 Ill.