- 16 -
We conclude that, under Illinois law, we may consider the
trust instrument in discerning a decedent’s intent regarding the
source of funds to pay Federal estate tax. In the instant case,
decedent executed his will 3 days after he created the revocable
trust. Decedent’s trust instrument and will referred to each
other and were part of his estate plan. We believe that decedent
intended that we read his will and trust together to give effect
to his intent regarding the source of payment of Federal estate
tax. Accordingly, we give effect to decedent’s intent.
5. Whether Equitable Apportionment Applies Where
Decedent’s Intent Is Clearly Stated in Decedent’s Trust
Instrument
Petitioner contends that equitable apportionment applies in
this case because decedent’s will does not specify otherwise,
and, as a result, the notice trusts must pay the estate tax and
the marital trust is not reduced.
4(...continued)
App. Ct. 1982) (wills), and Harris Trust & Sav. Bank v. Taylor,
364 N.E.2d 349, 354 (Ill. App. Ct. 1977) (trust instruments), for
the proposition that the decedent’s intent as manifested in the
language of his or her will or trust instrument controls under
Illinois law where the interpretation of the tax apportionment
provision in a will or trust instrument is in dispute).
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011