Legal Question in Wills and Trusts in Illinois
Paralegal working for attorney that prepared the will
In Illinois, is there any statute that will voids a devise or bequest of property in a will to an employee of the attorney who prepared or supervised the preparation of the will?
In other words, if I am a paralegal working for an attorney in IL. and my employer prepares the will of my uncle who leaves a substancial part of his assets to me, can the grandson of my uncle contest the validity of the will on probate court?
1 Answer from Attorneys
Re: Paralegal working for attorney that prepared the will
A person contesting a will needs to show that there was "undue influence" on, or reduced capacity on the part of the decedent that resulted in the bequest being made.
Therefore, unless you had direct involvement in coercing the decedent or your boss to leave a part of the estate to you, the person contesting the document will have a decidedly uphill battle.
I would strongly suggest that you discuss this with your boss. He will be best able to advise you on the matter.
Good luck to you.
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