Can a family member contest a living will that is witnessed?

Question

A person that I know is about to pass on and I think that his neices and nephews are not going to get anything. In the state of Illinois, can they contest the living will if it is witnessed by an attorney?

Answer 1

I assume that you mean a last will. A living will normally is used as another name for a health care directive.

In either case, a person can contest either if they have a legitimate interest. For a living will, that will typically be the next of kin. For a last will, a person must either be an heir at law (roughly the next of kin) or a beneficiary under a previous will.

If the person has children, the nieces and nephews would not be either heirs at law or the next of kin.

A will must be witnessed to be valid. However, there are other requirements for a valid will (mostly dealing with the mental state of the person signing the will). If his nieces and nephews are either heirs at law or were included in the previous will and think that their uncles mental state was poor at the time that the will was executed, they should talk to an attorney licensed in Illinois to see if they have a basis for challenging the will.

Answer 2

they can contest it as long as the family member didn't specifically cut them out of the will. meaning, your family member would have had to have specifically written in the will that they have relatives named so and so who they have made no provisions for. it would be very easy for someone to say "he told me he would give me x, y, z".
unfortunately, i've seen many dramas play out like this. sometimes for so long that by the time people are done fighting, there is nothing left to fight over.

Answer 3

You can contest anything, but they are going to have to prove that the person had a mental deficiency of some kind to have his will vacated.

Answer 4

Any concerned party can contest the will.

Answer 5

do you mean a living trust?????