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attorneytrialfiduciaryprobatetrustwillbench trial

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In re Estate of Burren, 2013 IL App (1st) 120996, 994 N.E.2d 1022, 374 Ill.Dec. 85

Facts

Glenn Burren signed a will in 2004 naming his attorney, Steven Miner, as executor and leaving his estate to his children and Miner's children. After Glenn's death, his children contested the will and sought to recover substantial sums Glenn had given to Miner over the years. The trial court found that the circumstances surrounding the signing of the will and the financial transactions between Glenn and Miner raised a presumption of undue influence, which Miner could not rebut.

In 2004, Glenn Burren signed a will that named his attorney, Steven Miner, as executor. In the will, Glenn named his three children and Steven's two children as the principal legatees of the estate. When Glenn died, Steven filed the will in the probate court. Glenn's children contested the will and petitioned to recover sums of money Glenn gave Steven in the years before Glenn's death. The trial court, after a bench trial, held the will invalid and ordered Steven to pay to the estate almost $500,000, plus prejudgment interest in excess of $200,000.

Issue

Did the trial court err in finding that Steven Miner exercised undue influence over Glenn Burren in the execution of the will and in the financial transactions between them?

Did the trial court err in finding that Steven Miner exercised undue influence over Glenn Burren in the execution of the will and in the financial transactions between them?

Rule

To establish undue influence, a party must show that the testator had a fiduciary relationship with the influencer, that the influencer received a substantial benefit from the will, and that the will was executed under circumstances where the influencer was instrumental in its preparation.

To raise a presumption of undue influence, a party contesting a will must show that the testator had a fiduciary relationship with a person he depended upon and trusted, the fiduciary received a substantial benefit from the will, and the 'will [was] prepared or procured and executed in circumstances wherein such beneficiaries were instrumental or participated.'

Analysis

The court found that the evidence demonstrated a fiduciary relationship between Glenn and Steven, as Steven was both Glenn's attorney and a significant beneficiary of the will. The court noted that Steven failed to provide clear and convincing evidence to rebut the presumption of undue influence, as he did not show that Glenn had independent legal advice or fully understood the implications of the transactions.

The court found that the evidence demonstrated a fiduciary relationship between Glenn and Steven, as Steven was both Glenn's attorney and a significant beneficiary of the will. The court noted that Steven failed to provide clear and convincing evidence to rebut the presumption of undue influence, as he did not show that Glenn had independent legal advice or fully understood the implications of the transactions.

Conclusion

The Appellate Court affirmed the trial court's ruling that the will was invalid due to undue influence exerted by Steven Miner, and upheld the order for him to repay the estate.

The Appellate Court affirmed the trial court's ruling that the will was invalid due to undue influence exerted by Steven Miner, and upheld the order for him to repay the estate.

Who won?

The children of Glenn Burren prevailed in the case, as the court found that Steven Miner had exercised undue influence over their father, leading to the invalidation of the will and the order for repayment.

The children of Glenn Burren prevailed in the case, as the court found that Steven Miner had exercised undue influence over their father, leading to the invalidation of the will and the order for repayment.

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