A last will and testament enables you to distribute your assets to your loved ones after your death. They can also make the probate process easier for your family. You can be specific in your asset distribution, making it clear who gets what and potentially limiting conflict between your loved ones. Unfortunately, will contests can erase this effort. A Springfield estate planning attorney can review options for limiting the likelihood of will contests during probate.
Understanding Probate
Probate is how the state inventories, administers, and distributes your estate after your death. Without an estate plan, probate is often a long, costly, and contentious process. While more comprehensive estate planning tools can avoid probate entirely, a will does not. A will can still make probate easier and more guided, providing loved ones with clear intentions.
Even when you have created a will, there are still things that can complicate the probate process. This includes will contests from interested parties, such as heirs, beneficiaries, and intestate heirs. If they have valid grounds to contest your will, they can file this with the court.
How Does a Will Contest Affect the Probate Process?
Even an unsuccessful will contest can complicate and lengthen the probate process, costing your loved ones time and money. Will contests can be very stressful for your loved ones. Your beneficiaries cannot receive the benefits of your estate until probate is complete, and probate cannot be complete until will contests are resolved. Your loved ones do not have access to their inheritance and are having to pay the costs of a long process.
For many people, avoiding this time and money is one of the primary reasons they created an estate plan. Avoiding a will contest is therefore important, even if it is not likely to succeed. A successful will contest can void your will. The court will either use a prior version of the will that does not have the same invalidity grounds or will distribute your estate by intestate succession laws if there is no valid will. The current form of your will may no longer be in effect.
This means the individuals that you wanted to benefit from your estate no longer will. It also means the individual you named as executor is no longer in charge of your estate’s administration, and a named guardian for minor children is no longer their preferred guardian. If you have a no-contest clause in your will and the will is successfully voided, the no-contest clause will no longer affect the individual’s interest in the will.
Why Do People Contest Wills?
Heirs or beneficiaries may contest wills for many reasons. They may genuinely believe your will is invalid, or they may be contesting it to spite the beneficiaries of your will. Some may think they were owed more inheritance than they received.
In any of these cases, the contesting individual still needs standing and valid grounds to contest. These grounds could include fraud or forgery, an improperly signed will, undue influence of another party, or your lack of testamentary capacity.
How to Prevent Will Contests
You cannot completely prevent will contests, but you can take steps to prevent them from occurring and being successful. This includes:
- Ensuring your will is legally valid and not ambiguous in meaning with the help of an attorney
- Adding a self-proving affidavit
- Creating a no-contest clause to discourage beneficiaries from unnecessary contests
- Discussing your intentions with your loved ones, heirs, and beneficiaries so they are not surprised by the choices you make in your will
- Establishing a trust to avoid probate and reiterate the intentions of your will
- Updating your will to ensure there are numerous prior versions to compare to the current will
- Getting written statements for proof of mental capacity to include in your estate plan
FAQs
Q: What Is the Will Contest Statute of Limitations in Illinois?
A: The will contest statute of limitations in Illinois is six months after the will is admitted to probate or is denied admission to probate. The only individuals who have the standing to file these contests are those with a direct, financial, existing interest in the estate. This generally includes beneficiaries, heirs under intestate laws, and beneficiaries of the last version of the will that would be considered valid if the current will was voided.
Q: What Is the Success Rate of Contesting a Will in Illinois?
A: The success rate of contesting a will in Illinois is often low. An individual needs both the standing to contest and valid grounds to do so. Grounds may include fraud, lack of testamentary capacity, revocation, or undue influence. The individual filing the will contest must prove the grounds they are filing on, which can be difficult. The creator of the will can also take steps to prevent unnecessary will contests, like creating the will with an attorney’s help.
Q: Can a Child Contest a Will If They Are Excluded in Illinois?
A: Yes, a child can sometimes contest a will if they are excluded in Illinois. A child or descendant would inherit under intestate law if the will were voided and, therefore, has the standing to contest. If there are also valid grounds, a child can contest the will. The support of an attorney is crucial to gathering information and proof needed to show valid grounds for a contest.
Q: What Is a No-Contest Clause in Illinois?
A: A no-contest clause is a tool that can limit the chances of beneficiaries making spiteful or superfluous will contests. If a beneficiary makes a contest against the will and is unsuccessful, the no-contest clause will remove or limit the interest that the beneficiary has in the estate. They may receive much less or none of their inheritance.
While this can discourage beneficiaries from contesting, it will not affect those with standing who have no interest in the will.
Contact Stange Law Firm to Protect Your Estate Plan Against Contests
If you have concerns about specific individuals in your family contesting your will, you should talk with an attorney about your options. Creating an estate plan that safeguards your legacy and your loved one’s inheritance is a crucial part of planning for your future. Contact the attorneys at Stange Law Firm today.
