Will contests can be filed by heirs and beneficiaries who are well-meaning or by individuals who are upset with their inheritance. When you write your will, you take time to consider who you want to inherit from your estate and why. A will contest, if successful, can void the effort you put into making your will. A Chicago estate planning attorney can help you determine options for preventing will contests, including a no-contest clause.
Understanding a No-Contest Clause in Chicago
A no-contest clause is a provision that you can include in your will in Illinois. Despite the name, the clause cannot prevent someone from making a contest to your will. Instead, it discourages contests by stating that any beneficiary who makes an unsuccessful will contest will be unable to recover a portion or all of their interest in the will.
The purpose of a non-contest clause is to limit contests made by beneficiaries that are frivolous, based on bad faith, or are intended to draw out the legal process of probate. A beneficiary may claim that they have valid grounds to doubt the will’s legitimacy while wasting time and money on a contest they made out of spite. A no-contest clause may prevent these individuals from taking these actions if they are concerned about losing their inheritance.
Some contests are made in good faith, however. If the court determines that a beneficiary had valid grounds to believe the will was invalid, that beneficiary would likely still receive their portion of the estate even if their contest was unsuccessful. What is considered a good faith contest depends on the court’s discretion. This shows some of the limits of no-contests clauses. An estate planning attorney can help you determine if a no-contest clause can benefit you.
What Are the Grounds for Contesting a Will in Illinois?
To contest a will in Illinois, an individual needs the standing to contest a will and valid grounds for a contest. In order to have standing, someone must have a direct and existing financial interest in the estate, and this interest must be negatively impacted by the current will. This includes heirs, beneficiaries, creditors, and estate representatives.
The individual must also have a valid reason for a contest. In Illinois, this includes:
- Undue Influence: The influence of someone is considered undue when the creator of the will, or the testator, is prevented from exerting their own goals in the creation of their will. This influence must be directly connected to the contents of the will to invalidate it. Positive and negative influence can be considered undue influence if it affects the agency of the testator.
- Lack of Testamentary Capacity: Testamentary capacity is the testator’s ability to know and understand the contents of their estate, the character of their assets, and the ability to plan the distribution of their estate. Sanity and a sound mind are presumed until evidence shows otherwise. A testator’s lack of capacity must have occurred near or at the same time as the execution of the will.
- Fraud or Forgery: Fraud is the claim that the testator signed the document thinking it was something else, that the will was altered after it was signed, and other similar tricks. Forgery claims must prove that the witnesses are not telling the truth, that the testator could not have been at the location of the will signing at the time it was signed, or that the signature is not the testator’s handwriting.
- Revocation: This occurs when the testator revokes the will, such as by destroying it with the intent to revoke it, the execution of another will that revokes the prior, or other actions.
- Ignorance of Contents of a Will: This claims that the testator signed the will without the ability or opportunity to read the contents.
There are also situations where portions of the will can be invalidated while the remaining intent of the testator is enforced.
FAQs
Q: Are No-Contest Clauses Enforceable in Illinois?
A: A no-contest clause is generally enforceable in Illinois. The no-contest clause must be clear, detailed, and unambiguous. Uncertainty in the interpretation of the clause will mean the court will interpret its terms in favor of the individual who is contesting the will.
To ensure you create a no-contest clause that is legally valid, an estate planning attorney can provide you with legal advice and support. They can also discuss other techniques for limiting the likelihood of will contests.
Q: Can a Will Be Contested in Illinois?
A: Yes, a will can be contested in Illinois by an individual with standing and valid grounds to do so. An individual has standing if they have a direct financial interest in the estate that is harmed by the current will. A will can be contested on valid grounds, such as claims that the creator of the will was under undue influence or did not have the testamentary capacity to create it.
Q: What Is the No-Contest Clause in a Will?
A: The no-contest clause in a will does not prohibit anyone from making contests. Instead, it can limit or void the inheritance of a beneficiary who unsuccessfully contests the will. This can be effective at preventing beneficiaries from filing unnecessary or spiteful contests against your will. It is not successful at preventing contests from those with no interest in your estate, as they have nothing to lose by filing a contest.
Q: What Is the Probable Cause of the No-Contest Clause?
A: Some states enforce the idea that if the individual contesting the will has probable cause to believe their grounds of contest were valid, the court will not enforce the no-contest clause. The wording of the no-contest clause is important in Illinois. The support of an estate planning attorney can be incredibly beneficial when creating your will and no-contest clause. An attorney can help you create a clause that specifies the provisions of your no-contest clause.
Protecting Your Will Against Contests in Chicago
A skilled estate planning attorney in Chicago, Illinois can help you determine strategies for avoiding will contests, including no-contest clauses and other tools. This can help your loved ones navigate probate quicker and avoid lengthy and costly proceedings. Contact Stange Law Firm today.
