Invalidating a will in illinois

17-Aug-2020 14:24

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Approximately 99 percent of wills pass through probate without issue.Wills are seen by the courts as the voice of the testator, the person who wrote the will.Contact Us for Legal Assistance To learn more about how a will can be invalidated, and how to draft a will or set up a trust that truly represents your wishes for your estate after you pass away, contact Momkus Mc Cluskey LLC to speak with an experienced Du Page County estate planning attorney. case=4597437275881115550&q=presumption of undue influence in a will&hl=en&as_sdt=4,14&as_ylo=2013 a party desires to challenge a prenuptial agreement in Illinois, different standards apply depending on when the parties entered into the agreement.A person challenging a will for undue influence must allege and prove facts that show precisely how another person used undue influence over the deceased.

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This presumption is also rebuttable, meaning that if the caregiver can provide clear and convincing evidence that he or she did not unduly influence the deceased, the presumption no longer applies.In claiming undue influence, the person challenging a will alleges that another person, usually one who benefited from the will, exercised such influence over the deceased that it caused him or her to make a will that benefitted the person instead of others.

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