Top Reasons Why Wills End Up Contested in Probate Court

 Posted on August 31, 2026 in Wills and Trusts

A will can be a sensitive subject for some families, especially when there are existing tensions or disagreements between beneficiaries. During probate – the court-supervised process of going through a deceased person’s estate – questions can arise about the validity of a will. These challenges tend to center around a few common issues, and an Arlington Heights, IL estate planning attorney can help you understand what to expect when drafting your will.

At A. Traub & Associates, we represent testators, beneficiaries, and fiduciaries with concerns about a will. We handle every case with a personal approach, providing tailored advice based on your circumstances. Our attorneys also have over a century of combined legal experience, giving us real insights into how to handle will contests.

What Does Undue Influence Mean in a Will?

Undue influence happens when someone uses pressure or manipulation to overpower a person’s own wishes when making or changing a will. This pressure can come from a family member, a caregiver, or anyone close to the person making the will. It is often subtle, involving guilt, threats, isolation, or manipulation over time.

A valid will should reflect the free and honest choices of the person making it. When another party controls or bends those choices, the will can fail to reflect what the person actually wanted. Possible warning signs can include sudden changes to a will, unequal treatment of family members without explanation, or a will written shortly after the person became dependent on the influencer.

Age, illness, and isolation can make a person more vulnerable to undue influence. Someone recovering from a major medical event or relying heavily on one caregiver can be more vulnerable to manipulation. If you believe a loved one's will was shaped by pressure, an attorney can help you gather evidence and explain your options.

Can Unclear Language in a Will Lead to Challenges in Probate Court?

A will should clearly state who receives which assets and under what conditions. When the language is vague, contradictory, or open to more than one meaning, disputes often follow. Family members may disagree about what a phrase was meant to accomplish, and the probate court sometimes has to step in to interpret the document. Common sources of confusion include: 

• Outdated property descriptions
• Unclear beneficiary names
• Provisions that do not account for changes in the family, such as births, deaths, or divorces

Poor drafting can also create gaps. If a will fails to address certain assets or does not name an alternate beneficiary, those assets may pass under other terms of the will or under Illinois inheritance laws. This process can take time and lead to disagreements among family members.

Working with an experienced estate planning attorney when drafting a will can reduce the chances of confusion later. Clear, specific language leaves less room for dispute.

What Is Testamentary Capacity, and What Does It Mean for Beneficiaries?

Testamentary capacity refers to a person's mental ability to understand what he or she is doing when creating or changing a will. Illinois law requires that a person have testamentary capacity at the time the will is signed for the document to be valid (755 ILCS 5/4-1).

To have testamentary capacity, a person generally needs to understand the nature and extent of his or her property, know the people who would normally be expected to inherit from him or her, such as close family members, and understand that he or she is creating a document that will distribute assets after death. A diagnosis of dementia or another cognitive condition does not automatically mean someone lacks capacity. Capacity is evaluated at the moment the will was signed, not based on overall health history.

For beneficiaries, testamentary capacity affects whether a will can be enforced. If a beneficiary believes the person who made the will did not understand what he or she was doing, that beneficiary could have grounds to challenge the document in probate court. Medical records, witness testimony, and statements from the attorney who prepared the will can become important evidence in these disputes.

Testamentary capacity can be difficult to prove or disprove years after a will was signed. Documents created around the time the will was signed can become important evidence. Attorneys often note their observations of a client's mental state at the time a will is executed, which can later help support the document if a challenge arises.

How Can You Show Fraud or Forgery in a Will?

Fraud in a will can take different forms. This can include misrepresenting the contents of the will or substituting pages without the person's knowledge. Forgery involves faking a signature or altering a will without the true consent of the person whose name appears on the document. Both can be difficult to detect right away, especially if the person who created the will has since passed away and cannot explain what happened.

Proving fraud or forgery usually requires strong evidence. Handwriting analysis can help determine whether a signature is genuine. Witness statements from people who saw the will being signed, or who had conversations with the person about his or her wishes, can also support a claim. Inconsistencies between the will and the person's known intentions can raise red flags as well.

Can Improper Execution Invalidate a Will?

Illinois has specific legal requirements for how a will must be signed and witnessed to be valid. Generally, the person creating the will must sign it, or direct someone else to sign it in his or her presence, and at least two witnesses must sign as well. These witnesses must observe the signing or hear the person acknowledge the will as his or her own. A beneficiary can act as a witness, but doing so can affect the gift he or she might receive under the will.

If these formalities are not followed correctly, the will may be considered improperly executed. This could mean a will is missing a required signature or was witnessed by someone who does not meet legal requirements.

An improperly executed will can be challenged in probate court. If the challenge succeeds, the court can declare the document invalid. When this happens, the estate can then be distributed according to an earlier valid will or, if no earlier will exists, under Illinois intestacy laws.

Contact Our Arlington Heights, IL Estate Planning Attorneys

Will disputes can be emotional and complicated. At A. Traub & Associates, we understand how much is at stake when a will is challenged or when you are working to protect your own estate plan. For legal help, contact our Arlington Heights, IL estate administration lawyers online or call 630-426-0196 today.