In re Estate of Howell, 373 Ill.App.3d 342, 310 Ill.Dec. 868, 867 N.E.2d 559 (5th Dist, 2007). A will contest filed within the statutory time limit, but in the wrong division of the court – chancery instead of probate- is timely filed.

The Northern Trust Company v. Knox, et al, 373 Ill.App.3d 479, 311 Ill.Dec.727, 869 N.E.2d 401 (1st Dist., 2007). When interpreting the language of a trust the word "heirs" does not always mean persons appointed by law to inherit in case of intestacy – persons determined as of the date of death. The class of heirs is determined by the testator’s intention and the class can be determined at some time other than the named decedent’s death. For instance, the heirs of a life beneficiary of a trust can be determined as of the termination of the trust rather than at the date of the beneficiary’s death.

Allton v. Hintzsche, 373 Ill.App.3d 708, 312 Ill.Dec.371, 870 N.E.2d 436 (3rd Dist., 2007). Where a marital settlement agreement requires a parent to name his or her child as beneficiary of a life insurance policy and the parent fails to do so, a construstive trust may be imposed on the life insurance proceeds to protect the child’s interest. However, this only applies to existing policies. It does not apply where the agreement is to obtain a policy.

Estate of Lambrecht, 375 Ill.App.3d 865, 314 Ill.Dec.260, 874 N.E.2d 170 (1st Dist., 2007). The Appellate Court will defer to the judgment of the trial court regarding property valuation unless the trial court decision was against the manifest weight of the evidence. In cases involving the appraisal of property, appraisers have wide discretion with respect to the methods and procedures they folllow in determing value.

In re Estate of Phelan, 375 Ill.App.3d 875, 314 Ill.Dec.275, 874 N.E.2d 185 (1st Dist., 2007). A document will be incorporated into a will where: (1) the will itself refers to the document as being in existence at the time of execution of the will and in such a way as to reasonable identify it and make it a part thereof; (2) the ducument is in existence at the time of execution of the will; and (3) the document corresponds to the descrition in the will and is shown to be the instrumjent referred to therein. The document can be in existence even though it is not signed In Phelan a will made a gift to a trust created by a separate document. The trust was signed after the will. The court upheld the gift because the trust docunment was in existence at the time the will was signed.