In this article, our DuPage County trust dispute lawyers explain two common causes of actions in trust litigation.  

Tortious interference with an expectancy of inheritance is a cause of action claiming that the defendant committed a tortious or illegal act, such as fraud, that wrongly deprived the plaintiff of an expected inheritance.  Fraudulent inducement is very similar. In a fraudulent inducement cause of action, the plaintiff is claiming that the defendant made a false statement that caused the deceased individual to distribute his or her assets differently than he or she otherwise would have, damaging the plaintiff.  

Read the full article by our DuPage County trust dispute attorneys explaining common causes of action in trust litigation.

In this article, our DuPage County trust litigation attorneys explain undue influence, a common cause of action in trust disputes.

Undue influence can cause a trust to be invalidated when the trustee had his or her will overpowered by the wrongful act of another in the execution of the trust.  We explain when the existence of a fiduciary duty gives rise to a presumption that undue influence occurred in the execution of a trust, in what situations a fiduciary duty automatically exists, and the factors that courts consider in determining whether a fiduciary duty exists if the duty is not automatic.  Finally we discuss how undue influence can be proven in the absence of a fiduciary relationship.

Read the full article by our DuPage County trust litigation attorneys explaining undue influence.

In this article our DuPage trust dispute lawyers explain no-contest clauses in Illinois trusts and wills.  

A no-contest clause is a clause in a trust or will that states that if any beneficiary of the trust or will challenges the trust or will, they will be disinherited from any benefit they otherwise would have received under the trust or will. No contest clauses cannot actually prevent a trust dispute.  They can only provide a disincentive to individuals who are already set to inherit under the trust from disputing the trust in order to inherit more. Illinois case law is divided on the enforceablility of no-contest clauses.  Some courts will not enforce no-contest clauses in trusts if the contest was filed in "good faith." 

Read the full article by our DuPage County trust litigation attorneys explaining no-contest clauses in DuPage trust disputes.