If a relative of yours passes away and leaves you something in their will, but you think that person did not have the legal capacity to make a will in the very first place– that you do not think that the deceased knew who their friends and family were and what she or he had in general in properties which she or he knew that the document that was being signed was their will– then do not accept the bequest in that will, if you are planning to contest it.
If that will was declared by the court as not being valid, you may be included in another will at a larger share or you might be the sole successor of the deceased who has no prior will. Maybe, the deceased told you that he or she was leaving a larger share to you. For any of these factors, you might determine that you will object to the will.
Of course, we are not promoting that individuals contest their relative’s wills, but there are times where a caretaker might be noted in the last will of the departed, at a time when the relative understands that the deceased did not understand who they were, what year it was, or where they were. In that circumstance, it may be suitable to file a will contest.
If you decide that you wish to submit a will object to, it is important that you decline a bequest made in the will that you are objecting to. If you decide to accept such bequest and after that fight for your additional share, the court might figure out that you chose to take the bequest under the will and your case will be dismissed. This is understood in legal parlance as the teaching of “election” in which the recipient can not at the same time accept benefits provided by a will while establishing claims contrary to the document itself. A decedent left her estate to her surviving child and left just a small quantity to the kids of another deceased kid. Those grandchildren accepted their bequest and after that filed fit to challenge the credibility of the will. The will contest was dismissed, due to the election of the grandchildren in accepting the gift.
In another case, the surviving spouse of the decedent can remain in the household house as long as she wished. As she had a prenuptial contract, this was her only benefit. She filed a will object to, declaring that her hubby did not have the legal capacity to make the will and that the prenuptial contract was not valid due to the lack of disclosure. The surviving partner stayed in the house during the pendency of the will object to. As a result, the court dismissed her claim, mentioning that she elected to take the advantages under the will.
The quantity of the bequest, even if it is personal property, is not appropriate. If you accept the bequest, you have chosen to take under the will and will be prevented from keeping your will contest claim, despite the fact that a prior will supplied you with a significant tradition. No Illinois courts have actually applied this teaching to trusts, there is every indication that the courts would do so.
The bottom line is if you mean to file a will contest, decline the bequest.