If a relative of yours dies and leaves you something in their will, but you think that individual did not have the legal capability to make a will in the very first location– that you do not believe that the departed knew who their friends and family were and what she or he had in general in possessions and that she or he understood that the file that was being signed was their will– then do not accept the bequest because will, if you are planning to contest it.
If that will was declared by the court as not being valid, you might be included in another will at a larger share or you may be the sole heir of the deceased who has no prior will. Perhaps, the deceased told you that he or she was leaving a bigger share to you. For any of these factors, you may figure out that you will object to the will.
Of course, we are not promoting that people contest their relative’s wills, but there are times where a caretaker may be listed in the last will of the departed, at a time when the relative understands that the deceased did not know who they were, what year it was, or where they were. Because scenario, it might be suitable to file a will contest.
If you choose that you wish to file a will contest, it is important that you not accept a bequest made in the will that you are objecting to. If you choose to accept such bequest and after that battle for your additional share, the court might figure out that you elected to take the bequest under the will and your case will be dismissed. This is understood in legal parlance as the doctrine of “election” in which the beneficiary can not at the same time accept advantages conferred by a will while establishing claims contrary to the file itself. For circumstances, a decedent left her estate to her making it through child and left just a nominal amount to the kids of another departed child. Those grandchildren accepted their bequest and after that filed suit to challenge the credibility of the will. The will object to was dismissed, due to the election of the grandchildren in accepting the gift.
In another case, the surviving spouse of the decedent had the right to remain in the household home as long as she wanted. As she had a prenuptial contract, this was her only advantage. She submitted a will object to, declaring that her other half did not have the legal capacity to make the will which the prenuptial contract was not legitimate due to the lack of disclosure. The surviving partner remained in the home throughout the pendency of the will object to. As an outcome, the court dismissed her lawsuit, stating that she elected to take the advantages under the will.
The amount of the bequest, even if it is personal effects, is not appropriate. If you accept the bequest, you have elected to take under the will and will be precluded from preserving your will contest lawsuit, although a prior will provided you with a considerable legacy. Although no Illinois courts have applied this doctrine to trusts, there is every indicator that the courts would do so.
The bottom line is if you plan to submit a will contest, decline the bequest.