Contested Wills in Buffalo Grove, Illinois

Find the right Contested Wills attorney in Buffalo Grove, IL

In Buffalo Grove, Illinois, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is directly true or not.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Buffalo Grove, Illinois?

Of course, a Buffalo Grove, Illinois court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Buffalo Grove, Illinois, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Buffalo Grove, Illinois Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reliable lawyer in Buffalo Grove, Illinois can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Buffalo Grove

Buffalo Grove is known as one of Illinois's most affluent areas. It is a small suburb located north of Chicago.

There are many sites for visitors and residents to enjoy in Buffalo Grove. These attractions include The Raupp Museum, the Buffalo Grove Park District, the Buffalo Saint Mary's Church, and the Buffalo Grove Theaters and Escape. For some fine shopping and dining, Raupp Boulevard is a terrific spot to visit.

Celebrities such as Raymond Benson, Lindsey Durlacher, Vince Vaughn, Dickey Simpkins, and Andy Wozniewski have called Buffalo Grove home.

For legal inquiries, residents have many law firms nearby. Chicago is home to small, mid-size, and large firms that train excellent, top-notch attorneys. Overall, the legal force in Chicago ensures that every legal need of Buffalo Grove residents will be met.

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