Legal Question in Wills and Trusts in Illinois

Why do I have to prove a relative was competent to have their Will honored in Illinois?

Asked on 12/04/16, 8:17 am

3 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Because if your relative wasn't competent when the will was signed, the will's not valid.

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Answered on 12/04/16, 8:21 am
Henry Repay Law Offices of Henry Repay

What if your relative had decided, while not really remembering you and the rest of the family, that the entire estate should be left to Hillary Clinton? Wouldn't you want competency to be a factor in admitting the will?

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Answered on 12/04/16, 10:12 am
Virginia Prihoda Law Offices of Virginia Prihoda

The reason is because Illinois law requires it. If there is an attestation clause signed by the witnesses to the will stating that the witnesses believed the testator was of sound mind and under no undue influence at the time of the signing, competency will be presumed.

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Answered on 12/05/16, 8:30 am

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