If a relative of yours dies and leaves you something in their will, but you believe that person did not have the legal capacity to make a will in the very first place– that you do not believe that the deceased understood who their household and friends were and what he or she had in general in properties and that he or she knew that the document that was being signed was their will– then don’t accept the bequest in that will, if you are planning to contest it.
If that will was stated by the court as not being valid, you may be consisted of in another will at a bigger share or you may be the sole heir of the deceased who has no prior will. Perhaps, the departed informed you that he or she was leaving a bigger share to you. For any of these reasons, you might figure out that you will contest the will.
Of course, we are not promoting that individuals contest their relative’s wills, but there are times where a caretaker might be listed in the last will of the deceased, at a time when the relative knows that the deceased did not understand who they were, what year it was, or where they were. Because scenario, it might be suitable to file a will contest.
If you choose that you want to file a will contest, it is essential that you not accept a bequest made in the will that you are objecting to. If you choose to accept such bequest and after that defend your additional share, the court may figure out that you elected to take the bequest under the will and your case will be dismissed. This is understood in legal parlance as the doctrine of “election” in which the beneficiary can not at the same time accept benefits provided by a will while setting up claims contrary to the document itself. For instance, a decedent left her estate to her making it through kid and left just a small total up to the kids of another departed child. Those grandchildren accepted their bequest and then filed suit to challenge the validity of the will. The will contest was dismissed, due to the election of the grandchildren in accepting the gift.
In another case, the making it through partner of the decedent can stay in the household residence as long as she wished. As she had a prenuptial arrangement, this was her only benefit. She submitted a will object to, declaring that her hubby did not have the legal capability to make the will and that the prenuptial arrangement was not valid due to the lack of disclosure. The enduring partner remained in the home during the pendency of the will contest. As a result, the court dismissed her claim, mentioning that she elected to take the benefits under the will.
The quantity of the bequest, even if it is personal property, is not relevant. If you accept the bequest, you have actually chosen to take under the will and will be precluded from preserving your will object to suit, despite the fact that a prior will supplied you with a substantial legacy. Although no Illinois courts have actually applied this teaching to trusts, there is every sign that the courts would do so.
The bottom line is if you intend to file a will object to, decline the bequest.