Legal Question in Wills and Trusts in Illinois
contest will
when an illigitimit child is excluded from their father's will,can the will be contested?i
2 Answers from Attorneys
Re: contest will
Yes. "Illegitimate" children are treated the same as other children of the decedent. Your dad is of course free to leave anyone out of his will, but all children, including illegitimates will be entitled to notice of probate and be given an opportunity to contest the will.
If you are interested in Illinois representation in this matter (we are located in the Chicago suburbs), feel free to contact me at [email protected] or call me directly at (847) 991-2250. You can also check out our website at http://www.illinoisestateplan.com
Re: contest will
Hello. My answer is no,
if the sole purpose for
contesting the will is that
the illegitimate has been
left out of the will, because
the testator has a right to
leave property as he or she
desires. However, the will
may be contested on the
grounds that the testator
was of unsound mind or that
the will was not his or
her free and volunatarily
act. I hope this answer
helps.