If You Plan to Object To the Will, It Is Best to Decline the Bequest
If a relative of yours dies and leaves you something in their will, but you think that individual did not have the legal capacity to make a will in the first location– that you do not think that the deceased knew who their friends and family were and what she or he had in general in assets and that she or he understood that the document that was being signed was their will– then don’t 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 bigger share or you may be the sole beneficiary of the deceased who has no prior will. Maybe, the departed told you that she or he was leaving a bigger share to you. For any of these reasons, you might figure out that you will object to the will.
Of course, we are not promoting that individuals contest their relative’s wills, but there are times where a caretaker might be listed in the last will of the deceased, at a time when the relative understands that the deceased did not know who they were, what year it was, or where they were. In that scenario, it might be proper to submit a will contest.
If you decide that you want to file a will object to, it is necessary 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 fight for your extra share, the court may identify that you chose to take the bequest under the will and your case will be dismissed. This is known in legal parlance as the teaching of “election” in which the beneficiary can not at the same time accept advantages provided by a will while setting up claims contrary to the file itself. A decedent left her estate to her enduring child and left just a nominal amount to the kids of another deceased child. Those grandchildren accepted their bequest and then submitted suit to challenge the validity of the will. The will contest was dismissed, due to the election of the grandchildren in accepting the gift.
In another case, the enduring partner of the decedent deserved to remain in the family home as long as she wanted. As she had a prenuptial agreement, this was her only benefit. She filed a will object to, declaring that her partner did not have the legal capacity to make the will and that the prenuptial agreement was not legitimate due to the lack of disclosure. The enduring partner stayed in the house throughout the pendency of the will contest. As a result, the court dismissed her suit, stating that she elected to take the advantages under the will.
The amount of the bequest, even if it is individual property, is not pertinent. If you accept the bequest, you have chosen to take under the will and will be precluded from preserving your will contest claim, even though a prior will provided you with a considerable tradition. Although no Illinois courts have applied this doctrine to trusts, there is every indication that the courts would do so.
The bottom line is if you mean to file a will object to, refuse the bequest.