In order for a will to be effective and enforceable, certain requirements must be satisfied. If these requirements are not met, one or more persons could contest the will’s validity. The knowledgeable and experienced Illinois probate lawyers at Charles T. Newland & Associates can assist you with drafting a proper will that is valid, legal, and enforceable. Please speak with us today to learn more about how we could help with your legal probate matter.
Requirements for a Valid Will in Illinois
In order for a will in the State of Illinois to be valid, several requirements must be satisfied. First of all, the testator – or the person making out the will – must have sufficient testamentary capacity. In other words, he or she must be of sound mind and must have sufficient mental capacity in order to understand what is happening. In addition, there must not be any undue influence or duress involved when it comes to making out a will. Otherwise, the will could be deemed invalid under those circumstances. When that happens, one or more people might contest the will’s validity.
Who is Entitled to Contest a Will?
Under certain circumstances, one or more individuals might be entitled to contest a person’s last will and testament. In order for a person to be eligible to contest a will, he or she must have legal standing. In other words, the person must have an existing, financial, and direct interest that would be materially impacted in the event that a court was to accept the will as written. For example, a child or spouse who was excluded from a decedent’s inheritance might have standing to contest the decedent’s will.
Talk with a Knowledgeable Illinois Probate Lawyer Today
The skilled team of attorneys at Charles T. Newland & Associates can assist you with drafting a will that is legally enforceable and effective. For a free legal consultation and case evaluation with an Illinois probate attorney, please call today at 847.797.9300 or contact us online for more information.