Petitioners contested the validity of their deceased brother’s will, naming as respondents their brother’s surviving spouse and a daughter from a pervious relationship, and alleging that the wife exerted undue influence over their brother. The trial court granted the respondent’s motion for a directed finding after a bench trial and petitioners appealed, arguing that the trial court failed to properly apply a presumption of undue influence because it incorrectly analyzed two elements required for the presumption to apply or, in the alternative, that the trial court was required to apply the presumption where the chief beneficiary of the will procured the will of a debilitated testator. The appellate court affirmed, finding that the trial court properly applied the factors of the analysis and that the petitioner had not established that the decedent was debilitated at the time he executed his will. (McLAREN and SCHOSTOK, concurring)
Illinois Appellate Court
Civil Court
Estate Planning