In re Estate of DiMatteo

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 122948
Decision Date: 
August 16, 2013
1st Dist.
Cook Co., 6th Div.
Reversed and remanded with instructions.
Executor and sole beneficiary named in previous will filed petition to contest and invalidate later will. Petitioner alleged sufficient facts to allege undue influence and tortious interference with testamentary expectancy. The allegation that a prior will existed is a sufficient allegation of an expectancy. The element of damages in tortious interference with testamentary expectation can only be known if it exists after resolution of will contest. Leave to amend should generally be freely granted when a pleading has been stricken. Petitioner should allege how he discovered the facts he pleads "on information and belief" in amended pleading. (LAMPKIN and HALL, concurring.)