What Happens When Someone Contests Your Estate Plan in Illinois?

 Posted on July 26, 2026 in Estate Planning

A family member or another interested person can ask a probate court to invalidate part or all of your will or trust after you die. This is called contesting the estate plan, and Illinois law limits who can do it, on what grounds, and how quickly they must act. Clear, up-to-date inheritance and beneficiary planning in 2026 is one of the best ways to reduce the odds that your plan gets challenged. A Kendall County, IL estate planning attorney can review your plan and explain where it may be vulnerable.

What Does It Mean to Contest a Will or Estate Plan?

Contesting a will means filing a formal petition asking a probate court to declare that the document is not legally valid. A person who contests a will must show that it fails on a specific legal ground, such as improper signing, fraud, lack of testamentary capacity, or undue influence.

A trust can also be challenged on grounds such as lack of capacity, undue influence, or fraud. Claims that a trustee mismanaged the trust are different from claims that the trust itself is invalid.

Who Is Allowed to Challenge an Estate Plan in Illinois?

Illinois law only allows an interested person to file a will contest. This usually means a spouse, a child, or another heir who would inherit if the will were thrown out. A named beneficiary in an earlier version of the will may also qualify. A person with no legal or financial stake in the outcome cannot bring a challenge, even if they disagree with how assets were divided.

What Are the Most Common Reasons Someone Contests a Will?

Most will contests rest on claims such as:

• Lack of testamentary capacity: the person did not understand what they were signing or what they owned.

• Undue influence: someone pressured or tricked the person into changing their plan.

• Improper execution: the will was not signed or witnessed the way Illinois law requires.

• Fraud: someone lied to the person to get them to sign a document they did not intend to sign.

Questions about capacity can arise when someone changes an estate plan later in life, especially after a decline in health. When a parent signs a new will after moving into a care facility, families who suspect a lack of capacity often point to a diagnosis, medication records, or notes from the person who witnessed the signing.

How Long Do You Have to Contest a Will in Illinois?

Illinois law sets a strict deadline for filing a will contest. Section 8-1 of the Illinois Probate Act (755 ILCS 5/8-1) gives an interested person six months from the date the will is admitted to probate to file a petition. If the deadline is missed, the challenge usually cannot move forward, no matter how strong the argument may be.

A revocable trust receiving a gift under a will admitted to probate is generally subject to the same deadline as the will contest. For other revocable trusts, the deadline is generally the earlier of two years after the settlor’s death or six months after the trustee sends the potential contestant the trust and the notice required by Illinois law.

What Happens During a Will Contest Court Case?

The person defending the will generally begins by presenting evidence that the will was properly signed and witnessed. Once this initial showing is made, the person challenging the will must present evidence supporting the grounds stated in the petition. The estate representative has a duty to defend the will, and the court may order the representative to appeal an adverse ruling.

Either side can request a jury trial, and the judge or jury decides whether the challenged will is legally valid. A contest can take months to resolve.

How Can You Protect Your Estate Plan From Future Challenges?

A well-drafted estate plan can lower the odds of a successful challenge, though no plan is fully contest-proof. An attorney can strengthen your plan by documenting your capacity and intent at signing, keeping detailed records, and updating the plan as your life changes. A trust can also keep assets outside the probate process, although the trust itself may still be challenged.

Schedule a Complimentary Family Wealth Planning Meeting with a Kendall County, IL Estate Planning Attorney

If you are worried about a future challenge to your estate plan, or a loved one's plan is already being contested, Gateville Law Firm can help you understand your options. Schedule a complimentary family wealth planning meeting with our Somonauk, IL asset protection lawyer by calling 630-780-1034 today.