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Principled Advocacy For Families And Individuals With Disabilities And The Professionals Who Serve Them

3 common reasons why your Illinois will may be invalidated 

On Behalf of | Jul 22, 2022 | Estate Planning

When you decide to create a will, you do so with the goal of making your wishes regarding your assets known. A will protects your assets and loved ones. Without one, it will be up to the government to decide what happens to your estate. 

In Illinois, a will can be contested and invalidated for a variety of reasons. Here are three common reasons why your will can be invalidated in the state of Illinois. 

1. If your will is improperly executed

Under Illinois law, you must be at least 18 years of age and of sound mind to create a will. In addition, the will must be written and duly signed by you (the testator). A will must have two witnesses who must also sign the document. 

2. If you lacked testamentary capacity

While creating the will, you must understand the reason for doing so as well as its legal implications. 

A testator who is not of sound mind due to a medical condition like dementia or who does not understand the implications of their will for any reason is deemed to lack the testamentary capacity. 

3. If you were unduly influenced

Fraud or undue influence occurs when someone close to the testator (like a caregiver or one of the beneficiaries) manipulates them into revising an existing will in their favor. 

Fraud can also happen when the testator is unknowingly made to sign a will on the pretense that it is another document. Besides invalidation, a will that is procured through fraud or undue influence can become the subject of a criminal investigation.

A will is one of the most important legal documents you can ever create. Find out how you can create a valid will in Illinois