Lake Forest, IL Estate Planning Attorney David Lutrey answers the question, “What are some of the grounds upon which a will or trust may be contested?”
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Most of the time a will or a trust contest revolves around some diminished element of capacity. The typically there’s also an element of undue influence involved so that the allegation is that a family member came in, improperly influenced a parent into changing his or her will at a time when that parent was suffering from some form of illness or advance state. And essentially took advantage of that situation of their own personal gain and that’s’ typically what we see. And the law is pretty narrow in Illinois in terms of when you can contest a will or a trust and it’s pretty well limited to those circumstances.