If a relative of yours passes away and leaves you something in their will, however you believe that person did not have the legal capability to make a will in the first location– that you do not think that the deceased understood who their family and friends were and what she or he had in general in properties and that she or he understood 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 legitimate, you may be consisted of in another will at a larger share or you may be the sole heir of the deceased who has no prior will. Maybe, the departed told you that he or she was leaving a bigger share to you. For any of these factors, you may determine that you will object to the will.
Of course, we are not promoting that people contest their relative’s wills, but there are times where a caretaker might be listed in the last will of the departed, 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 may be suitable to submit a will contest.
If you decide that you want to file a will contest, it is important that you decline a bequest made in the will that you are objecting to. If you choose to accept such bequest and then combat for your extra share, the court might figure out that you chose to take the bequest under the will and your case will be dismissed. This is known in legal parlance as the teaching of “election” in which the beneficiary can not all at once accept benefits conferred by a will while establishing claims contrary to the document itself. A decedent left her estate to her surviving kid and left just a small amount to the kids of another departed child. 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 making it through partner of the decedent had the right to remain in the family residence as long as she wished. As she had a prenuptial arrangement, this was her only advantage. She filed a will object to, alleging that her husband did not have the legal capability to make the will and that the prenuptial contract was not valid due to the absence of disclosure. The enduring partner remained in the residence throughout the pendency of the will contest. As an outcome, the court dismissed her lawsuit, mentioning that she chose to take the benefits under the will.
The amount of the bequest, even if it is personal property, is not pertinent. If you accept the bequest, you have chosen to take under the will and will be precluded from maintaining your will contest lawsuit, even though a prior will supplied you with a significant legacy. No Illinois courts have used this teaching to trusts, there is every indication that the courts would do so.
The bottom line is if you intend to file a will contest, decline the bequest.