You write down your wishes, you sign the document, and then Everything’s settled, right?
Not quite. Probate courts reject wills far more often than most people realize. When that happens, families face intestacy laws and legal battles that can drag on for months or even years. If you understand why courts throw out wills, you can avoid making the same mistakes when planning your estate.
Missing Or Improper Witness Signatures
Illinois law doesn’t mess around with will formalities. The testator has to sign the document with two credible witnesses present, and those witnesses need to sign as well. There’s another catch. The witnesses can’t be people who benefit from the will. Courts regularly toss out wills when witnesses don’t sign correctly or when someone who inherits under the will serves as a witness. Even one missing signature can invalidate everything you’ve planned. A Chicago Wills Lawyer can verify your will meets all statutory requirements before problems surface during probate.
Lack Of Testamentary Capacity
The person creating a will needs to understand three things: what they own, who their natural beneficiaries are, and what the document actually does. Courts examine whether you had this understanding at the exact moment you signed the will. Not before. Not after.
Capacity disputes often arise in these situations:
- Wills created during periods of dementia or cognitive decline
- Documents signed while under heavy medication
- Testators with diagnosed mental health conditions
- Advanced age combined with memory problems
Medical records usually decide these cases. If your doctor noted cognitive impairment around the signing date, you’re going to face serious challenges.
Undue Influence By Family Or Caregivers
Sometimes people pressure or manipulate someone into changing their will. Courts can void the entire document when this happens. It’s particularly common with elderly individuals who depend on certain family members or caregivers for daily help. What raises red flags? Sudden changes to long-standing estate plans. Isolation of the testator from other family members. One person controls who gets to talk to the testator’s lawyer. Courts get especially suspicious when a caregiver suddenly becomes the primary beneficiary after years of a different plan being in place.
Fraud Or Forgery
Outright fraud kills a will immediately. This includes forging someone’s signature, tricking them into signing something they didn’t understand, or creating a completely fake will from scratch. Handwriting experts and document examiners often testify in these cases. Modern technology makes detecting forgeries easier, but it’s also made creating convincing fakes more accessible to bad actors.
Improper Revocation Of Previous Wills
People often create multiple wills throughout their lives. That’s fine. Problems start when newer versions don’t properly revoke earlier ones, or when someone destroys a will under questionable circumstances. If you want to revoke a will by physically destroying it, you’ve got to do it yourself or have someone do it while you’re watching with the clear intent to revoke. Finding a will that has been torn or burned after someone dies immediately raises questions about whether a proper revocation actually happened.
Failure To Follow Holographic Will Requirements
Illinois doesn’t recognize handwritten wills unless they meet the same formalities as typed ones. Many people wrongly believe a handwritten document with their signature is good enough. It’s not. These informal documents routinely fail in probate court, no matter how clear the person’s intentions seem. Working with Kravets Law Group helps you avoid these formatting mistakes that invalidate otherwise clear estate plans.
Ambiguous Or Contradictory Language
Vague terms create problems. Internal inconsistencies create even bigger problems. When beneficiaries can’t be clearly identified or when different sections contradict each other, judges may decide the document doesn’t express coherent testamentary intent. Professional drafting eliminates this ambiguity. It creates documents that can withstand court scrutiny when family members start questioning your choices.
Protecting Your Estate Plan
These issues show exactly why professional legal guidance matters when you’re creating foundational estate planning documents. You wouldn’t build a house without blueprints. Don’t create a will without proper legal review. A Chicago Wills Lawyer can spot potential problems before they derail your plans and leave your family facing expensive litigation. Taking time now to address proper execution, capacity documentation, and clear language protects your wishes. It also spares your beneficiaries from unnecessary court proceedings. Your estate plan deserves the same careful attention you gave to building your assets throughout your lifetime.