How is a will interpreted?
When a person dies, their will must be interpreted by a court in order to determine the distribution of their property and the settling of their debts. In Illinois, the Probate Act of 1975 is used to interpret the deceased person’s will. This act provides guidance to the court in understanding the wishes of the deceased. The court must first determine the authenticity of the will. In Illinois, the testator must sign the will and two witnesses must also sign. If all three signatures are present, the court can be sure that the will was created and signed by the deceased. Once the validity of the will has been established, the court will look at the intent of the deceased. The court must decide whether the will reflects the wishes and desires of the deceased when they were alive. This means that the court must look at the words used in the will and determine their meaning to the deceased. The court must also consider factors such as the circumstances surrounding the making of the will and the relationships between beneficiaries. Finally, the court must decide whether the laws of Illinois can be applied to the will. The court must determine whether the provisions of the will are in line with the state’s laws regarding the distribution of property and settling of debts. If the court finds that the provisions are in line with the state’s laws, they will carry out the deceased’s wishes.
Related FAQs
What is the difference between probated and non-probated assets?What is a fiduciary duty?
What is a pour over will?
What documents need to be filed with the court?
What happens if an executor fails to distribute assets?
What is an intestate succession?
What is an affidavit?
When is an estate considered closed?
Are there any special rules for estate taxes?
What is the difference between an estate and a trust?
Related Blog Posts
What You Should Know About Probate Law - July 31, 2023Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023