People are entitled to a legal challenge of a will in an effort to discredit that will. The usual method is challenging a will based on the lack of mental capacity of the deceased. This means the challenge is based on the belief the deceased was not of sound mind at the time the will was made. The lack of adequate mental capacity may allegedly be due to dementia, injury or illness. In Illinois, however, the person who making the will only needs to know the names of the closest living relatives, their spouses and children, and have a reasonable idea of the type and value of any assets.
It is necessary to have medical evidence of the person’s condition at the time the will was signed. Since it is possible for a person with dementia to have had proper capacity at the time the will was signed, it is essential that medical records be produced supporting the allegation, as well as independent witnesses who can establish lack of capacity. Probate judges demand a strong case for proving incapacity in will contests in Buffalo Grove. Charles T. Newland and Associates are experienced in handling these cases.
A Will can be challenged by reason of improper execution, which means the person challenging the will believes it was not signed properly by the deceased or the witnesses. The implication could be forgery of signatures of the deceased and the witnesses, or missing the number of witnesses required to at the signing. Or, the will does not contain the required attestation clause. The Illinois Probate Act requires absolute compliance with the signature requirements, and will contests in Buffalo Grove must prove otherwise. An attorney needs to advise you on the timing for challenging a will.
A will prepared by a non-attorney is void. There is no other challenge required other than proving the will was not prepared by a licensed attorney. This is a provision of the Illinois Consumer Fraud Act designed to prevent the preparation of a will that does not meet the legal requirements for a will. It also prevents someone from making a will that suits their purposes best, and not the estate.
