Legal Question in Wills and Trusts in Illinois
My daughter received a copy of her grand-fathers last will and testament. Under section 8 it states that in the event of any descendant of his demands formal proof of will or files any legal proceeding to challenge the validity of his will, that person shall take only $10.00 from the estate and any share that they otherwise would have taken is given to the beneficiaries named.
My ? is: Is this a legal practice under a will?
2 Answers from Attorneys
Assuming the will is based on Illinois law and probably most other states, yes. This is referred to as an "in terroram" or "no contest" clause. You can probably learn more with a simple web search of those terms.
It is not uncommon for a Will to have such a clause. However, in my experience, it is unusual for that clause to also forbid any proceeding for a formal proof of Will, which is different from a legal proceeding that challenges the validity of a Will.
A proceeding for a "formal proof of Will" merely seeks to confirm that the Will was signed according to Illinois law. Such a proceeding is not of the same character as a challenge to whether the Will is the valid expression of the deceased (as such challenges may suggest that the signor of the Will may have been compromised due to incapacity, undue influence, etc.).
(Of course, the aforementioned answer applies only to matters probated in the State of Illinois.)
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