Legal Question in Wills and Trusts in Illinois

Anyone who wants to assert an interest in the decedent's esate can file a claim. Heris, creditors, the IRS, spouses, non related beneficiaries under some circumstances etc.

The only persons that can contest a Will are those who have a financial interest in doing so. In other words, that person would receive more if the Will was invalidated - either under a prior Will, or if no prior Will, then under intestacy law.

A Will is legal on its face if it is was executed correctly (2 witnesses, etc.) A Will can be contested on a number of bases, most significantly incapacity of the testator, undue influence, duress or fraud. A Will cannot be contested simply because the contesting party does not like what it says. The burden of proof is high.