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A small dummy stands on a last will and testament document Lack of testamentary capacity may be grounds to dispute the validity of a will in Illinois. Since the law presumes that a person possesses the mental capacity to execute a will unless it is proven otherwise, the person seeking to invalidate a will bears the burden of proving the testator lacked the capability to create a will at or near the time the document was created. What Is Testamentary Capacity? Testamentary capacity is … [Read more...]

Pen laying on top of a Will for estate planning An executor in Illinois probate is given significant responsibilities when administering an estate. Since a violation of an executor's duties can result in the imposition of harsh penalties, it is vital that the executor become familiar with what is expected. What is an Estate Executor? An executor of an estate is someone who is named in a person’s last will and testament to act as his or her personal representative through the probate … [Read more...]

The death of a loved one in Illinois often triggers a will contest. Suspicion of undue interference, greed, hurt feelings, and any other number of factors may lead estate beneficiaries or those who feel they should have been named, to question the wills of deceased loved ones. Under certain circumstances, the courts may see fit to declare a will invalid. Who Can Contest a Will in Illinois? In Illinois, those who would suffer adverse effects due to the execution of a will can file a petition … [Read more...]