In re Estate of Lay

Illinois Appellate Court
Civil Court
Wills
Citation
Case Number: 
2018 IL App (3d) 170378
Decision Date: 
Tuesday, September 18, 2018
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE

Petitioner filed petition to contest will of testator, who executed a will 1 day prior to his death. Court erred in dismissing petition after finding that Petitioner, who was the sister of testator, and who had predeceased him, was not an interest person and lacked standing to contest will. Petitioner has standing, as a legatee under the testator's immediately preceding wil, to pursue a will contest, because she has financial stake in outcome of will contest. (LYTTON and WRIGHT, concurring.)