De Novo Review Standard For Validity of Trust Document

Back from the DL. Let’s catch up.

Answering a question of first impression, the Illinois Supreme Court established the standard of review “on the question of whether a provision in a trust document or will is void as a matter of public policy.” The court ruled that a de novo standard applied.

“It is clear, however, that such findings are subject to de novo review, because public policy is necessarily a question of law … This conclusion is consistent with the well-established principle that whether a provision in a contract, insurance policy, or other agreement is invalid because it violates public policy is a question of law, which we review de novo.”

The whole case, Estate of Feinberg, No. 105982 (9/24/09), is available right here.