Legal Question in Wills and Trusts in Illinois
Name changed to protect identity:
My father's name is John Michael Edwards. Each page of his will is initialed at the bottom JME. The end of is will is signed "John Michael Edwards". However, the witness page states that "The above and forgoing instrument..., was intialed on each page therof with the initials "JDE" by John Michael Edwards and was by him signed....in the presence of each of us...." Can the fact that the witnesses signed and witness page states the initials are JDE when they are in fact JME cause the will to be invalid? It has already been submitted to probate.
3 Answers from Attorneys
Almost certainly not.
I do not see that this alone would be seen as anything more than an inadvertent error. Certainly, someone can use it as a basis to suggest something occurred like a page substitution, but there would need to be more to the argument.
If the will has been admitted, anyone protesting the validity of the will has a limited time to bring a will contest. Talk to an attorney to find out more. If this "scrivener's error" is your only substantive argument, you will find no one will help you bring a will contest and if you do it yourself you're risking your own reputation. Set your mind on higher things.
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