Illinois Supreme Court Does Not Broaden the Doctrine of Election

A beneficiary challenged a last-minutechange to his father’s trust that was changed a in his fathers last weeks oflife. The trial and appellate court found that since the beneficiaries tookfrom the trust he was estopped from challenging the change in the trustexpanding the election doctrine to include trusts. The Illinois Supreme CourtReviewed the case.

In re Estate of Boyar,2013 IL 113655, the court in a 6-1 decision, held there was no needto extend the doctrine of election to apply to the trust because it wasirrelevant to the facts of the case because there was no election the beneficiary was just contesting an administrative amendment. The court stated that the doctrine ofelection is an “ancient” principle for equity purposes. The doctrineof election prevents a beneficiary from challenging a will when he has alreadyreceived benefits under the will. The equitable theory carries out thetestator’s intent and protects other heirs who will benefit from the will.

See Adam W. Lasker, Supreme Court Declines to Extend Doctorine of Election Beyond Wills to Trusts, Illinois State Bar Association, Jul. 2013.