Invalidating a will in illinois
Basically, to challenge a will based on mental capacity, you must show that the testator (the person who created the will) did not understand the consequences of making the will at the time of the will's creation.More specifically, the person must understand: Fraud, Forgery, and Undue Influence You can challenge a will by showing that the will was procured by fraud, forgery, or undue influence.The Will's Provisions Each state has its own laws about what a valid legal will must contain.Most states require that the will: Self-proving affidavit There is no requirement that a will should be notarized.Sam created a valid legal will in Illinois, according to the laws of Illinois.
The court's interest is to fulfill the wishes of the testator.
Anyone who may have an interest to gain from the will can challenge a will.
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