Can Beneficiaries Challenge a Will in Illinois?

 Posted on August 30, 2025 in Estate Planning

Losing a loved one is never easy, and the legal process that follows can add stress and confusion. If you believe a will does not reflect your loved one’s true intentions, you may have the right to contest it. Illinois law allows certain people to challenge a will, but the process can be complex. A Lombard, IL estate planning attorney can explain your rights and guide you through the steps.

Who Can Contest a Will in Illinois?

Not everyone has the right to challenge a will. Under Illinois probate law, only individuals with a direct financial interest in the estate have "standing" to contest. This usually includes beneficiaries named in the current will, beneficiaries or heirs named in a prior will, and heirs at law who would inherit if no valid will exists. If you are not financially impacted by the will’s outcome, the court will likely dismiss your case. Illinois statutes make it clear that only those with a personal stake in the estate can move forward with a challenge.

What Are Valid Reasons To Contest a Will in Illinois?

Courts in Illinois do not set aside wills lightly. To be successful, you must prove one of the legally recognized reasons for invalidating a will:

• Lack of testamentary capacity: Under 755 ILCS 5/4-1, a person making a will must understand what property they own, who their heirs are, and the impact of signing the will. If they lacked that understanding, the will may be invalid.

• Undue influence or fraud: If someone pressured, tricked, or manipulated the person into signing, a court can strike down the will.

• Improper execution: Illinois law requires strict compliance with signing rules. According to 755 ILCS 5/4-3, a valid will must be in writing, signed by the testator, and witnessed by at least two credible adults.

• Revocation of the will: A will may also be invalid if it was revoked by a later will or physically destroyed.

Each of these grounds must be supported by credible evidence. This may include medical records, witness testimony, or expert opinions.

What Is the Process for Challenging a Will in Illinois?

The Illinois Probate Act sets strict timelines and procedures for contesting a will. Under 755 ILCS 5/8-1, you must file your will contest within six months of the will being admitted to probate. Missing this deadline usually means losing your right to challenge the will.

The process typically includes:

• Filing a petition: You or your attorney must submit a written petition to the probate court outlining your reasons for contesting.

• Serving notice: Other beneficiaries and interested parties must be formally notified.

• Discovery and evidence gathering: Both sides exchange documents, take depositions, and gather evidence to support their case.

• Court hearing or trial: A judge or jury hears arguments, reviews evidence, and decides whether the will is valid.

Contesting a will is often emotionally charged because it involves family relationships and the wishes of a deceased loved one. Courts approach these cases with care but require strong evidence to overturn a will. That is why you need a seasoned attorney to help you build your case.

Schedule a Consultation With a Wheaton, IL Estate Planning Attorney Today

Challenging a will in Illinois takes careful preparation and knowledgeable legal support. At A. Traub & Associates, we guide you through each step, from evaluating your case and meeting strict filing deadlines to presenting strong evidence on your behalf. We take pride in appreciating the diversity of our clients’ backgrounds, allowing us to develop strategies tailored to each unique situation. Backed by experience and the commitment of trusted Lombard, IL estate planning lawyers, you can move forward knowing your case is in capable hands. Call 630-426-0196 today and schedule your consultation to take the first step.