When a loved one passes away, their will serves as the blueprint for distributing their estate. However, disputes over the validity of the will can arise, and in Illinois, there are two ways to contest the validity of a will.
Illinois is a so-called “double contest” state where the challenger of a will has two chances to invalidate a will that has been admitted to probate. The first step is to request a formal proof of will hearing. Under Section 6-21 of the Probate Act of Illinois, any heir or interested party may request a formal proof of will hearing. In Illinois, this hearing plays a pivotal role in the probate process, especially when questions of authenticity, undue influence, or fraud are raised. If unsuccessful, the second step is to file a formal will contest complaint and proceed to litigation.
Here, we explore what formal proof of will hearings entail, why they are necessary, and how to prepare if you’re involved in one.
What Is a Formal Proof of Will Hearing?
A formal proof of will hearing is a court proceeding where the person offering the will for probate must provide evidence that the document is valid. In Illinois, this involves proving that the will meets the legal requirements outlined in the Illinois Probate Act:
- Proper Execution: The will must be in writing, signed by the testator (the person who created the will), and witnessed by at least two credible witnesses.
- Testamentary Capacity: The testator must have been of sound mind and memory at the time they signed the will.
- Freedom from Undue Influence or Fraud: The testator must have executed the will voluntarily, without coercion or deception.
The testimony allowed at a formal proof of will hearing is generally limited to the execution of the will itself. Courts do not normally permit testimony regarding events that occurred before or after the execution of the will, unlike in a trial on a will contest complaint.
When Is a Formal Proof of Will Hearing Necessary?
A formal proof of will hearing may be required in the following scenarios:
- Will Contest: An interested party (such as a family member or beneficiary) has filed an objection to the will, alleging issues like lack of capacity, undue influence, or fraud.
- Suspected Irregularities: The court or an interested party suspects that the will’s execution did not comply with legal requirements.
- Unusual Circumstances: Situations such as a handwritten (holographic) will, unclear provisions, or significant last-minute changes can trigger a hearing.
Who Must Testify at the Hearing?
To validate the will, testimony is often required from individuals involved in its creation and execution:
- Attesting Witnesses: These are the individuals who signed the will as witnesses. They will be asked to confirm that the testator signed the will in their presence and appeared to understand what they were doing.
- Drafting Attorney: If an attorney prepared the will, their testimony can provide insight into the testator’s capacity and intent at the time of execution.
- Other Relevant Parties: In some cases, experts such as handwriting analysts or medical professionals may testify to address allegations of fraud or incapacity.
Key Issues Addressed in the Hearing
During the hearing, the court will evaluate several key issues:
- Testator’s Capacity: Did the testator understand the nature and extent of their property, the natural objects of their bounty (such as family members), and the consequences of signing the will?
- Compliance with Legal Formalities: Was the will signed and witnessed according to Illinois law?
- Freedom from Coercion or Deception: Did the testator execute the will free from undue influence or fraudulent activity?
Outcomes of a Formal Proof of Will Hearing
The court’s decision will determine whether the will is admitted to probate:
- If the Will is Validated: The court will enter an order confirming the admission of the will to probate. The probate process continues, and the executor carries out the terms of the will.
- If the Will is Invalidated: The court will enter an order denying probate and revert to an earlier valid will or, if none exists, distribute the estate according to Illinois intestacy laws.
How to Prepare for a Formal Proof of Will Hearing
If you are involved in a formal proof of will hearing, preparation is crucial. Here are steps to take:
- Hire an Experienced Probate Attorney: An attorney can help you gather evidence, prepare witnesses, and navigate the legal complexities of the hearing.
- Collect Key Documents: Obtain a copy of the will, any prior wills, medical records, and communications relevant to the case.
- Identify Witnesses: Ensure that the attesting witnesses and other relevant parties are available to testify.
- Anticipate Objections: Be prepared to counter allegations of undue influence, fraud, or lack of capacity with factual and expert evidence.
Why You Need Legal Representation
Formal proof of will hearings can be emotionally charged and legally complex. Whether you are the proponent of the will or contesting its validity, having skilled legal representation ensures your interests are effectively advocated. An attorney can help clarify Illinois probate laws, present compelling evidence, and protect your rights throughout the process.
Conclusion
Formal proof of will hearings are a critical part of resolving disputes in Illinois probate cases. By ensuring that a will meets the state’s legal requirements, these hearings provide clarity and fairness in the distribution of a decedent’s estate. If you’re facing a will contest or suspect irregularities, don’t navigate the process alone. Contact Hess Law Firm at (847) 367-6990, or at info@hesslawfirm.com to guide you through this challenging time and help you achieve the best possible outcome. You can also schedule a free 30-minute consultation simply by clicking HERE.