In Charleston, Illinois, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
Sometimes, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.
If a lot of money, or some particularly 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 actually 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 severe and irreversible damage to family relationships.
When Can a Will be Contested in Charleston, Illinois?
Courts in Charleston, Illinois will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are typically made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Also, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.
Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.
So, you've succeeded in contesting the validity of a Charleston, Illinois will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.
Can a Charleston, 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 good lawyer in Charleston, Illinois can be very helpful in making sure that this process goes as smoothly as possible.