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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.
?Undue influence? occurs when a person executing a will or trust (?a testator?) has his or her own will overpowered by another's improper or wrongful constraint or persuasion, which causes the person executing the will or trust to act in a way he or she would not have acted in the absence of the undue influence.
Once the verdict is announced, the judge will excuse the jurors. During the trial, jurors are expected to listen attentively and take notes if they wish.
Mistakes when creating a will, such as failing to have witnesses present at the signing, might eventually lead to the Illinois probate courts invalidating the document and refusing to enforce it when someone dies.
The precise test for undue influence again varies by state, but typically the contestant must establish that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
Examples include: Full-Time Student, Care Giver, Child Care, Temporary Medical Condition, Scheduled Vacation, or Work Schedule conflict.
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 answer is: yes. Failing to appear for jury duty in Illinois is against the law. A juror who does not answer a summons can be found in contempt of court and can be fined up to $100 for a state summons; or spend up to three days in jail, or be ordered to perform community service, for a federal summons.