Time Limitations for Trust Contests in Illinois | What is the Statute of Limitations for Illinois Trust Disputes?

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we explain time limitations for trust contests in Illinois and answer the question, “what is the statute of limitations for Illinois trust disputes. We also address the following:

• How to contest a trust.
• What is a trust contest?,
• Who can contest a trust in Illinois?,
• How long do you have to contest a trust in Illinois?
• How long does it take to resolve a trust contest in Illinois?

A trust contest is a lawsuit that is filed to object to the validity of a trust. A trust can only be found invalid under specific circumstances, including:

• The grantor was not of sound mind when the trust was executed;
• The grantor was under undue influence at the time of execution;
• The trust has been revoked; or
• The trust was created because of fraud.

Trusts are generally upheld unless there are legal requirements in writing or execution that have been violated.

For more information about trust contests, see our article entitled What is a Trust Contest?

Who Can Contest a Trust in Illinois?