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Such is often the case with questionable wills; you may realize something is not right but are afraid of causing trouble. Traub & Associates, we are equipped to help you tell whether your situation would amount to a petty annoyance or a legitimate will contest to ensure the true wishes of the decedent are carried out.

You cannot mount a will contest simply because you do not like the provisions of the document as it stands.

Contesting a will means that you believe the will is invalid and should be set aside.

Probate courts in Illinois can invalidate a will if you, as the petitioner, can show that: Proving any of these grounds can be extremely difficult since the law presumes no undue influence or lack of testamentary capacity without definitive evidence and testimony. Traub & Associates, our knowledgeable attorneys firmly believe that every person has the right to develop an estate plan as he or she desires.

By listening carefully to what you have to say, then conducting a full review of all relevant documents, we can help you understand the implications of contesting the will.

In most states, the witnesses cannot be people who are named to inherit property under the will.

(If a witness inherits, this may void the gift to himself but not the rest of the will.) Handwritten, unwitnessed wills are valid in about half the states.

Pleadings.) On the court's own motion or on motion of any interested person, before or during any hearing, any person who desires to oppose the entry of an order or judgment shall file, as directed by the court, a pleading disclosing the grounds of opposition.

Every petition under this Act, except a petition under Section 8-1 or Section 8-2, shall be under oath or affirmation.

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