Tag Archives: Lack of Testamentary Capacity

Illinois Supreme Court Holds Will’s Language Can Suggest Lack of Capacity, and Adopts Cause of Action for Equitable Adoption

A testator has held a younger man out for nearly sixty years as being his son. When the testator drafts a will stating that he has no children, is that statement a sufficient basis to plead a will challenge based on lack of testamentary capacity? On Thursday, a unanimous Supreme Court, in an opinion by Justice Robert … Continue Reading

Argument Report: Can Lack of Testamentary Capacity Be Proven From the Will Alone?

A relatively quiet Illinois Supreme Court gave little indication of its leanings last week during oral argument in DeHart v. DeHart. Our preview of DeHart is here. DeHart is a will contest. According to the complaint, the decedent had held plaintiff out for some sixty years as his son. This continued until 2000, when the plaintiff requested a … Continue Reading