Can You Contest a Will? Legal Grounds and Process Explained
Losing a loved one is emotionally exhausting, and those feelings can be harder to manage when something about their will doesn’t feel right. Perhaps the document doesn’t reflect what your loved one always said they wanted, excludes family members, or unusual circumstances led up to the signing that leave you uncertain about what really happened.
These questions can weigh heavily during a time when emotions are already running high. Contesting a will isn’t about causing conflict; it’s about seeking clarity, fairness, and honoring your loved one’s genuine intentions.
At Donna Craft Cain PC, based in Villa Park, Illinois, our attorneys help clients and their families understand their rights when a will appears inaccurate or untrustworthy. If you’re struggling with concerns about needing to contest a will, you don’t have to face the process alone. Reach out to us today to discuss your options.
When Can You Legally Contest a Will?
Not every disagreement or disappointment gives you the right to challenge a will. Illinois law only allows for certain legal arguments when contesting a will, and you must also have legal “standing,” meaning you’re directly affected by the will.
The law aims to respect the deceased's final wishes while protecting their family from fraud, manipulation, or mistakes. The balance isn’t always simple, especially during times of grief, which is why knowing your rights matters. Some of the most common legally recognized reasons to contest a will include the following:
Lack of testamentary capacity: The person creating the will didn’t fully understand what they owned, who their heirs were, or what the document meant.
Undue influence: Someone manipulated, pressured, or took advantage of the person signing the will.
Potential fraud or forgery: The signature was faked, pages were replaced, or the person was tricked into signing something they didn’t realize was a will.
Improper execution: Witness requirements weren’t followed, or the document doesn’t meet Illinois legal standards.
Revocation or a newer will exists: A later valid will replaces the earlier one, or the original will was intentionally revoked.
These grounds don’t cover every scenario, but they’re the most common reasons you may need to contest a will. If you have doubts about your loved one's will, discuss them with an experienced estate planning attorney who can help you understand whether a legal challenge is appropriate.
Who’s Allowed to Contest a Will in Illinois?
Even if you believe a will is unfair, that alone doesn’t give you legal standing to contest it. Illinois law limits challenges to individuals who have a direct interest in the estate. This helps focus legal disputes on genuine claims rather than general disagreements within a family. You may have standing to challenge a will if the following describes you:
You are an heir who would’ve inherited through intestacy: If no will existed, you’d have received a portion of the estate under Illinois intestacy laws.
You are a beneficiary named in a prior will: You were included in an earlier will but were removed or reduced in the final version.
You are a beneficiary of the current will: You’re named in the will and have concerns about its validity.
Though these categories appear straightforward, family relationships, prior documents, and blended family dynamics can complicate the question of who qualifies. If you think you may qualify but aren’t sure, an estate planning attorney can review your situation and help you understand your options to contest a will.
What's Involved in Contesting a Will?
Challenging a will involves several specific procedures. While every situation is different, most cases follow a similar path in Illinois. The primary steps include the following:
File a petition with the probate court: You must file your challenge to the will within the statutory deadline, usually six months after the will is admitted to probate.
Present evidence: The courts will review evidence for your claim, including medical records, witness statements, financial documents, and communications.
Court hearings and discovery: Both sides will have the opportunity to exchange information, and the probate court may hold hearings to evaluate your evidence.
Possible settlement negotiations: Many cases are resolved through agreements or settlements without going to trial.
Trial (if needed): If the dispute isn’t resolved or you are unable to reach a settlement, the will contest will proceed to court, where a judge will determine the will's validity.
These steps can feel overwhelming, especially on top of grief and family stress. At Donna Craft Cain PC, we help our clients understand the process, prepare the necessary documentation, and pursue the outcome that best reflects their loved one’s intentions. If you think you need to contest a will, act promptly and consult an experienced attorney.
Contact Our Experienced Attorneys About Contesting a Will
Contesting a will is often an emotionally charged and legally sensitive situation, one that can be even more challenging following the death of a loved one. Whether you’re dealing with questions about fairness, concerns about manipulation, or uncertainty about the legal process, you don’t have to handle this alone.
At Donna Craft Cain PC, our experienced estate planning attorneys can help you and your family understand your rights and pursue the outcome that best honors your loved one’s intentions. If you’re facing doubts about a will—or even if you’re simply unsure whether a challenge is possible—we’re here to support you with clear guidance and practical steps.
Located in Villa Park, Illinois, our firm serves clients throughout DuPage County, Cook County, Kane County, Will County, McHenry County, and Lake County, as well as clients in parts of Wisconsin. Contact us today to schedule a consultation and discuss your situation.