Time limit on will contest does not apply to tort claim where will contest not available

In In re Estate of Ellis, No. 106461, 2009 WL 3471069 (Ill. Oct. 29, 2009), the Supreme Court of Illinois held that the six-month statute of limitations on filing a will contest does not apply to an action for tortious interference with inheritance rights where the remedy of a will contest is not available.

The plaintiffs did not know of their interest under the will and the alleged fraudulent conduct until after the will was admitted to probate.  In addition, a will contest would not have provided full relief because it would not have dealt with lifetime transfers alleged to be fraudulent.