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When considering the future, estate planning in the form of wills or trusts ensures that final wishes are honored. What happens when you suspect a loved one’s will may not have been the true final wishes of the deceased? This what happens when a will is called into contest, or a trust is disputed. While this simplifies the complexity a bit, there are likely specific questions that come up when considering calling a loved one’s will or trust into legal questions of authority and authenticity. Let’s take a look at the basics of this legal process and how it may impact your case.
What is a Will Contest or Trust Dispute?
When a loved one of the deceased has valid reason to believe that a will or trust was created without full legality, there is a legal right to call the will into question or attempt to dispute the trust, depending on what the deceased used for estate planning. A contested will or trust dispute allows the courts to open up avenues for exploring the validity of the estate planning document in question. When this happens, the probate process will be temporarily halted to allow for further investigation of the claims. During this time, an executor of the estate may oversee the process or the loved one’s legal team.
Who Can Contest a Will or Dispute a Trust?
It is important to note that not just anyone can contest a will or dispute a trust. In the state of Illinois, only “interested parties” are able to contest a loved one’s will, trust, or other estate planning documents. An “interested party” is generally defined as someone who may have a stake in the property and assets of the deceased in an immediate way, such as a child or spouse. If someone is unsure if they have valid reason to question the legality of an estate planning document, they should consult an experienced wills and trusts lawyer for further assistance.
What is the Statute of Limitations for a Will Contest in Illinois?
It is also crucial to note that a will or trust cannot be called into question at just any time. A will can only be called into question within six months of the date the document was submitted to the probate process. Outside of the six-month deadline, there may be certain special circumstances where the statute of limitations may not apply. For example, if a new will or subsequent will has been located and submitted to the courts, a judge may make an exception to the six-month rule. Again, this would only occur under special circumstances and at the discretion of the judge.
What Can Cause a Will to be Contested?
There are a few common occurrences that may lead to a trust dispute or contest of a will, such as claims that the estate plan was created under coercion or threats of harm. Another common reason a will may be contested is if there was a sudden and drastic change made just before the death of the deceased and there is reason to believe they were not of legal sound mind. Other reasons for a will to be contested include a claim that the document was created for fraudulent purposes or a claim of revocation that the contester can prove was evident prior to the death.
Do You Need a Wills and Trusts Lawyer?
If you are currently facing the prospect of contesting the will or trust of a recently deceased loved one, legal help from lawyers experienced in estate planning may be able to help. From answering questions to navigating your legal options along the way, wills and trusts lawyers act as your guide and advocate throughout the legal process. Contact our law firm today at 773-232-6643 to see how legal counsel may be able to assist you.
