Who Pays Attorney’s Fees in Illinois Trust Contests?

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we explain who pays attorney’s fees in trust contests. We answer, what is a trust contest?, who can contest a trust in Illinois? and who pays the attorney’s fees in an Illinois trust contest?

What is a Trust Contest?

A trust contest is a lawsuit that is filed to object to the validity of a trust. In order to successfully argue that a trust is invalid, the contestor must prove that there are grounds to support his or her claim. One of the following statements must be true to contest a trust:

• That the grantor was not of sound mind when the trust was executed;
• That the grantor was under undue influence at the time of execution;
• That the trust was created as the result of a fraud;
• That the trust was properly revoked; or
• That the grantor did not follow proper legal requirements regarding the execution of the trust.

A trust cannot be contested because someone does not like what is written in the document or thinks it’s unfair. A trust can only be invalid by proving the trust was created or executed improperly.