Illinois Rules of Construction for Wills and Trusts Explained

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we explain the Illinois rules of construction for wills and trusts. We answer the following questions:

• How do Illinois courts interpret ambiguous language in wills and trusts?
• What does the term “rules of construction” mean with respect to wills and trusts?
• What are the rules of construction for wills and trusts in Illinois?

How do Illinois courts interpret ambiguous language in wills and trusts?

If an Illinois will or trust contains language that is vague or subject to multiple interpretations, interested parties can file a lawsuit called a “construction action” to request that a court determine how the ambiguous language in the will or trust should be construed.

The court’s purpose is to attempt to determine the creator’s (“the settlor’s”) intent at the time that the will or trust was executed. Courts are required to look to only the language of the document unless the language is ambiguous, at which point the parties can introduce extrinsic evidence to prove what the settlor intended. If extrinsic evidence is insufficient to determine the settlor’s intentions…