Abstract
Illinois currently recognizes tortious interference of an expectancy as a mere last recourse, not a separate cause of action. In other words, before an individual may bring a claim for tortious interference with an expectancy in Illinois, there are two prerequisites: (1) all remedies via will contest must be exhausted; and (2) a will contest must be unable to provide the injured party with adequate relief. As an unfortunate result, Illinois fails to provide an adequate deterrent against future tortfeasors, as a will contest cannot award punitive damages. Recently, the Illinois Supreme Court first addressed whether the six-month statute of limitations for a will contest also applies to claims for tortious interference with an expectancy, so as to bar recovery to individuals who fail to take action within this statutory period. The court established that the six-month statute of limitations does not apply when the victim does not have a fair opportunity to pursue a remedy through the probate court. This Note examines the holding of In re Estate of Ellis. Although the court ultimately came to the correct conclusion, the court failed to evaluate both conjunctive prerequisites to bring a tort claim. Had the court addressed what constitutes “adequate relief,” the court could have established that tortious interference of an expectancy is no longer a last recourse, but a separate cause of action ensuring deterrence against future tortfeasors.
Recommended Citation
Jason L. Hortenstine,
The Tortious Loss of Expectancies, a Lost Opportunity for Deterrence, and the Light at the End of the Tunnel, In Re Estate of Ellis, 923 N.E.2d 237 (Ill. 2008),
37
S. Ill. U. L.J.
741
(2013).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol37/iss3/10