Illinois Supreme Court Qualifies Time Limit for Contesting a Will

Helen W. Gunnarsson (Highland Park, Illinois attorney and writer) discusses the Illinois Supreme Court decision In Re Estate of Ellis, No 106461 WL 3471069 (ill. Sup. Ct.) in Where there’s another will, there may be a way, 97 Ill. B.J. 601 (2009):

Section 8-1 of the Probate Act of 1975, 755 ILCS 5/8-1, provides a six-month period to contest a will’s validity after the will has been admitted to probate. . . .

In a newly issued opinion, however, the Illinois Supreme Court has qualified section 8-1’s limitation period.  The court held that section 8-1 does not apply to an action for intentional interference with an expectancy of inheritance where the plaintiff could not have filed an action to contest a will within the statutory six-month period.