Illinois Supreme Court Punts Question Of Whether Doctrine Of Election Extends To Challenges To Trust Amendments
May 2nd, 2013
In Estate of Boyar, the Supreme Court of Illinois had an opportunity to address an important question of Illinois trust law: whether the “doctrine of election” applicable to will contests should be extended to challenges to amendments to living trusts in cases where the trust serves the same purpose as a will. The trial court decided it did. The Illinois appellate court also decided it did. The Illinois Supreme Court, however, decided that there was no reason for the lower courts to address whether the doctrine of election should be extended to living trusts because that doctrine couldn’t be invoked under the circumstances present in the case. Nevertheless, we get some good insight into when the doctrine of election could come into play in whatever contexts it might be applicable.
First, some quick facts. (more…)