2012 IL App (1st) 111013
Ill. App. Ct.2012Background
- Robert A. Boyar petitions to contest the sixth amendment to the Robert E. Boyar Trust after notification that Dixon would be trustee; circuit court dismissed the petition under the doctrine of election for taking a trust benefit.
- The sixth amendment appointed Dixon as sole cotrustee and successor trustee, with no other substantive changes to the trust provisions.
- Robert took 14 items of personal property from the decedent's home, described as a partial distribution of his interest, before contesting the sixth amendment.
- The petition alleged lack of capacity, undue influence by Dixon, and fiduciary breach, all aimed at invalidating the amendment and Dixon’s trusteeship.
- Dixon sought dismissal under 2-619(a)(9) of the Code, arguing election barred the petition; circuit court granted dismissal with prejudice; on appeal the court upheld dismissal.
- The appellate court held the doctrine of election applies to trusts and bars contest when a beneficiary accepts trust benefits, despite arguments that the rule is limited to wills.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the doctrine of election apply to trusts? | Boyar argues election is limited to wills. | Dixon argues election applies to trusts as well. | Yes, election applies to trusts. |
| Did Robert's receipt of trust property constitute a valid election to take under the trust? | Robert asserts receipt was nominal/ambiguous and not a real election. | Receipt was a known benefit and a partial distribution. | Robert made a valid, knowing election. |
| Do exceptions to the doctrine of election apply here? | Exceptions may apply due to lack of full knowledge or public policy concerns. | Exceptions not satisfied by facts. | No applicable exceptions; election bars petition. |
| Is the severability clause controlling the outcome? | Severability could allow contest of just the sixth amendment. | Severability not reached because election bars challenge to the amendment. | Issue waived and severability not reached due to election. |
Key Cases Cited
- Kyker v. Kyker, 117 Ill.App.3d 547 (1983) (election bars contest after beneficiary accepts benefits/ cannot pick and choose terms)
- In re Estate of Joffe, 143 Ill.App.3d 438 (1986) (election; cannot contest will after accepting benefits)
- In re Estate of King, 245 Ill.App.3d 1088 (1993) (timely election; later tender does not avoid election)
- In re MacLeish, 46 Ill.App.3d 957 (1977) (ambiguous election; holdover context distinguished")
- Handelsman v. Handelsman, 366 Ill.App.3d 1122 (2006) (will substitutes construed like wills; election applicable to trusts)
- Holzbaugh v. Detroit Bank & Trust Co., 371 Mich. 432 (1963) (doctrine of election applies to trusts)