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Wheaton, IL Contested Estate Lawyers

Attorneys for Will Disputes in Glen Ellyn, Naperville, and DuPage County

hinsdale contested will lawyer

After a loved one passes away, you want to make sure their wishes are respected and followed. However, if you believe that a will does not include your loved one's interests regarding the distribution of their estate, you may wish to contest the will. The estate planning attorneys at Anderson and Associates, P.C. have over 30 years of experience in contesting wills and estates. We strive to not only protect your interests, but that of our late loved ones as well.

Valid Wills: The Requirements

In order for a will to be valid, it must be administered in compliance with Illinois laws. Some requirements for a will to be deemed valid include:

  • The will must be in written form, and it must be signed by the testator, which is the person who is developing the document and who is specifying his or her wishes upon death. During the signing of the will, there must be two or more credible witnesses.
  • If a will is executed or changed when the testator has a developmental disability and a plenary or limited guardian is appointed for the testator, then the court may decide that the testator does not have the ability to act as a testator of his or her own will. Therefore, the will can be deemed void.
  • The testator of the will must not have been significantly influenced to sign the will.
  • The will must not be fraudulent—meaning that the testator was not tricked into signing the will. For example, if the testator was led to believe that the will was a deed and the testator signed it, the will is deemed to be fraudulent.
  • The testator of the will must be at least the age of 18.

If you believe these requirements were not followed when the will was developed and signed, you may be able to contest the will.

How to Contest a Will

Illinois law allows individuals to contest the validity of a will within six months after a will has been probated. In order to contest the validity of a will, the individual who wishes to contest the validity of a will should send a copy of the petition to contest the will to the representative, to his or her attorney, and to each legatee and heir whose name is listed on the petition that was used to enter the will in probate.

The individual contesting a will can request a trial by jury. It will be determined if the will is indeed the will that the testator created. The individual contesting the will should provide evidence that shows the will is invalid. In addition, even after a will has been contested and was deemed to be valid, other individuals such as the heir or representative of the will can contest it again.

Contact Our Estate Planning Lawyers in Warrenville IL

Contesting a will can be extremely difficult to do. At Anderson and Associates, P.C., we will strive to ensure that your loved one's interests are respected after their death. To schedule a consultation, call us at 630-653-9400 or contact us online. We serve clients in Winfield, Warrenville, West Chicago, and throughout DuPage County, Illinois.

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