Lombard, IL estate planning lawyerWhen a loved one passes away, his or her last will and testament often become the focus as families determine how assets get distributed. However, there are situations where a will may not accurately reflect the deceased’s true wishes or follow proper legal procedures. In such cases, contesting the will in probate court allows interested parties to challenge its validity. An Illinois lawyer can help you determine if you believe you have grounds for contesting a will.

Lack of Testamentary Capacity

For a will to be valid in Illinois, the testator (the person making the will) must have been of “sound mind and memory” when executing the document. This means he or she possessed the mental capacity to understand the nature and extent of the property, knew who his or her heirs were, and could make a rational plan for distributing assets. If the testator suffered from dementia or another condition that impaired mental abilities, this could serve as grounds to contest the will.