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Time limitation for a will contest also applies to intentional interference claim

Illinois2The charitable beneficiary of the decedent’s prior will brought suit alleging intentional interference with an expectancy almost three years after the admission to probate of the decedent’s subsequent will which gave nothing to the charity.

State law provides a six month period after a will is admitted to probate during which any interested person may contest the validity of the will.

In In re Estate of Ellis, 887 N.E.2d 467 (Ill. App. Ct. 2008), the court dismissed the charity’s suit, holding that the legislature enacted the six-month limitation to provide finality in estate administration and that it therefore applied to any attack on an admitted will, including this tort action.