Is There a Duty to Disclose the Existence of a Document to Revoke Decedent's Will ?
Did the Defendant Owe a Duty to Disclose the Existence of a Document to Revoke the Decedent's First Will When Most of the Assets were Later Gifted to the Defendant Advisor ?
In Robinson v. First State Bank of Monticello, 97 Ill. 2d 174, 454 N.E.2d 288, 73 Ill. Dec. 428 (1983), the plaintiffs filed a three-count complaint against the defendant bank and the defendant advisor, who received a gift under the decedent's will. Robinson, 97 Ill. 2d at 176-77.
The decedent's will, executed in 1974, and codicil, executed in 1976, were admitted to probate in 1978. Robinson, 97 Ill. 2d at 177.
The decedent had previously executed a will in 1973, which left her estate to other beneficiaries.
However, the later documents revoked the 1973 will. Robinson, 97 Ill. 2d at 177.
After the 1974 will was admitted to probate, the beneficiaries under the 1973 will and the defendant advisor entered into a settlement agreement in which the 1973 beneficiaries agreed to refrain from contesting the will, in exchange for a $ 125,000 payment. Robinson, 97 Ill. 2d at 177.
In 1981, the plaintiffs filed a petition for a citation to discover information, asserting that the defendants owed them a duty to disclose the existence of a document purporting to revoke the decedent's first will and that the defendants used undue influence over the decedent in order for the decedent to gift most assets to the defendant advisor. Robinson, 97 Ill. 2d at 178.