You’ve done the responsible thing. You created a will, signed it, and put your affairs in order. That should be enough, right? Not always. Wills get challenged in court far more often than most people realize, and the fights that follow can tear families apart for years. Understanding what triggers these disputes can help you avoid them. Let’s walk through five reasons your will might end up in court after you’re gone.
Lack Of Mental Capacity When Signing
This one’s big. Family members challenge wills all the time by questioning whether you actually understood what you were doing when you signed. Your mental state matters at that exact moment. Were you clear-headed? Did you understand who your family members were and what assets you owned? Could you grasp what signing the will meant? If you had dementia, were heavily medicated, or seriously ill when you signed, someone’s probably going to raise questions. A Chicago wills lawyer will tell you that these disputes often surface when there’s a gap between a medical diagnosis and when the will was executed. Medical records become evidence. Doctor’s notes. Hospital visits. Prescription histories. That’s why timing really matters when you’re creating or updating these documents.
Someone Applied Undue Influence
Undue influence goes beyond someone simply asking you to leave them more in your will. It’s manipulation. Coercion. Taking advantage of your vulnerability or their position of power to control what you do. Courts see this pattern repeatedly:
- A caregiver who isolated you from other family members
- Someone who controlled your finances and made all your daily decisions
- A person who benefited hugely from the last-minute changes you made
- Anyone who rushed you to sign without letting you talk to others first
These situations often involve a power imbalance. You’re vulnerable, and someone exploits that. Maybe you’re elderly and dependent on them for everything. Maybe you’re sick, and they’re the only ones around. When your will suddenly looks completely different from what you’d planned for years, people notice. Courts take these claims seriously.
The Will Wasn’t Executed Properly
Illinois has rules. Specific ones. If you don’t follow them, your entire will might be invalid. You need two witnesses when you sign. They have to watch you sign and understand they’re witnessing a will, and here’s the thing that trips people up: those witnesses can’t be people who inherit anything under the will. Technical mistakes happen constantly with DIY wills and online templates that don’t account for state requirements. Working with Kravets Law Group helps ensure you’re meeting all the procedural requirements from the start. One missing signature. One witness who shouldn’t have been there. That’s all it takes to create a mess.
A More Recent Will Exists
Imagine your family discovers three different versions of your will after you die. Which one counts? Usually, the most recent valid will wins, but proving which version is actually the newest and legitimate? That’s where the fights begin.
Maybe you handwrote something last month that contradicts the formal will you signed five years ago. Or there’s confusion about whether you actually signed that newer document at all. Different family members have copies of different versions, and everyone believes theirs is the real one. You can see how this becomes chaos fast. A Chicago wills lawyer can help you properly revoke old wills and make it crystal clear which document represents your final wishes.
Important Family Members Were Left Out
Illinois law protects spouses and minor children, even if you tried to cut them out completely. A surviving spouse can usually claim part of the estate regardless of what your will says, but beyond legal protections, there’s the human element. When you completely disinherit a child or close family member without explanation, you’re practically inviting a will contest.
People who are left out feel hurt, confused, or angry. They often convince themselves that something went wrong or that someone manipulated you. You can disinherit someone if that’s truly what you want. But documenting your reasoning helps. A clear explanation, sometimes in a separate letter, can reduce the chances someone will successfully challenge your decision later.
Protecting Your Will From Challenges
You can’t prevent every possible challenge. Someone determined enough can contest almost anything, but you can make it much harder for them to win. Create your will while you’re healthy and sharp. Use proper legal procedures. Work with professionals who know Illinois requirements inside and out. If you’re worried about potential disputes after you’re gone, reach out to our firm. We’ll discuss strategies for creating a will that clearly expresses your wishes and can withstand scrutiny. The right preparation now saves your family from courtroom battles and damaged relationships later.