There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 760 Trusts and Fiduciaries 760 ILCS 5/ Trusts and Trustees Act.
(760 ILCS 5/1) (from Ch. 17, par. 1651)
Sec. 1.
Title.
This Act shall be known and may be cited as the Trusts and Trustees Act.
(Source: P. A. 78‑625.)
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(760 ILCS 5/2) (from Ch. 17, par. 1652)
Sec. 2.
Definitions.
As used in this Act:
(1) "Trust" means a trust created by will, deed, agreement, declaration
or other written instrument;
(2) "Trustee" means the trustee or any successor or added trustee of the
trust, whether appointed by or pursuant to the instrument creating the
trust, by order of court or otherwise, and includes an individual and a
corporation qualified to administer trusts in this State under "An Act to
provide for and regulate the administration of trusts by trust companies",
approved June 15, 1887, as amended, or under "An Act authorizing foreign
corporations, including banks, and national banking associations domiciled
in other states, to act in a fiduciary capacity in this State upon certain
conditions herein set forth", approved July 13, 1953, as amended.
(Source: P.A. 78‑625.)
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(760 ILCS 5/3) (from Ch. 17, par. 1653)
Sec. 3.
Applicability.
(1) A person establishing a trust may specify in the instrument the
rights, powers, duties, limitations and immunities applicable to the
trustee, beneficiary and others and those provisions where not otherwise
contrary to law shall control, notwithstanding this Act. The provisions of
this Act apply to the trust to the extent that they are not inconsistent
with the provisions of the instrument.
(2) This Act applies to every trust created by will, deed, agreement,
declaration or other instrument, except that the provisions of Sections 4.01
through 4.08, Sections 4.10 through 4.12, and Sections 4.14 through 4.24 apply
only to trusts executed on or after October 1, 1973 and, with respect to
Section 17, to an order entered on or after that date, and provided further
that the provisions of this Act do not apply to any: (a) land trust;
(b) voting trust; (c) security instrument such as a trust deed or
mortgage;
(d) liquidation trust; (e) escrow; (f) instrument under which a nominee,
custodian for property or paying or receiving agent is appointed; or (g) a
trust created by a deposit arrangement in a banking or savings institution,
commonly known as a "Totten trust" unless in the governing instrument any
of the provisions of this Act are made applicable by specific reference.
(3) This Act does not apply to the Grain Indemnity Trust Account or any
other trust created under the Grain Code.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(760 ILCS 5/4) (from Ch. 17, par. 1654)
Sec. 4.
Powers of
Trustee.
The trustee has the powers specified in Sections 4.01 through 4.25.
(Source: P.A. 88‑367.)
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(760 ILCS 5/4.01) (from Ch. 17, par. 1655)
Sec. 4.01.
To sell, contract to sell and grant options to purchase any part or all
of the trust estate at public or private sale, for cash or on credit, and
to exchange any part or all of the trust estate for other property.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.02) (from Ch. 17, par. 1656)
Sec. 4.02.
To enter into leases for any period of time, though extending beyond the
termination of the trust.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.03) (from Ch. 17, par. 1657)
Sec. 4.03.
To borrow money and to mortgage, pledge or otherwise encumber any part
or all of the trust estate.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.04) (from Ch. 17, par. 1658)
Sec. 4.04.
To grant easements, subdivide, improve, give consents and enter into
contracts relating to real estate or its use and to dedicate any
interest in real estate.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.05) (from Ch. 17, par. 1659)
Sec. 4.05.
To designate or appoint a trustee to act in any other jurisdiction as
sole trustee or co‑trustee of any part or all of the trust estate located
in such other jurisdiction; to confer upon the appointed trustee any or all
of the rights, powers and duties of the appointing trustee; and to remove
the appointed trustee.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.06) (from Ch. 17, par. 1660)
Sec. 4.06.
To enter into agreements for bank or other deposit accounts,
safe deposit boxes, custodian, agency or depositary
arrangements for all or any part of the trust estate, including agreements
for such services provided by a bank operated by or affiliated with the
trustee, and to pay reasonable compensation for those services, including
compensation to the bank operated by or affiliated with the trustee, except
that nothing in this Section shall be construed as removing any depositary
arrangements from the requirements of the prudent person rule.
(Source: P.A. 85‑1211; 86‑1475.)
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(760 ILCS 5/4.07) (from Ch. 17, par. 1661)
Sec. 4.07.
(a) To exercise all the rights and powers of an individual
owner with respect to shares of stock, bonds or other securities in the
trust estate, including, but not by way of limitation, voting, giving proxies,
participating in voting trusts, mergers, consolidations, foreclosures,
reorganizations or liquidations, and exercising or selling subscription
or conversion rights;
(b) If the provisions of the trust instrument direct that the trust
estate be invested in obligations issued or guaranteed by the United States
or any instrumentality or agency thereof, the trustee, if he does not make
such investment directly, may invest the trust estate in interests in any
open‑end or closed‑end management type investment company or investment
trust registered under the Investment Company Act of 1940, as from time
to time amended, provided that the portfolio of such investment company
or investment trust is limited to obligations of the United States hereinabove
described and to agreements to repurchase such obligations, which agreements,
with respect to principal and interest, are at least 100% collateralized
by such obligations marked to market on a daily basis, if the investment
company or investment trust takes delivery of such obligations either directly
or through an independent custodian designated in accordance with the
Investment Company Act of 1940, as from time to time amended. Nothing in
this subsection (b) shall be construed as removing any such investment from
the requirements of the prudent man rule.
(Source: P.A. 84‑541.)
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(760 ILCS 5/4.08) (from Ch. 17, par. 1662)
Sec. 4.08.
To pay taxes and reasonable expenses incurred in administering the trust
estate.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.09) (from Ch. 17, par. 1663)
Sec. 4.09.
To appoint attorneys, auditors, financial advisers and other agents and
to pay reasonable compensation to such appointees.
If the trustee uses reasonable care, skill, and caution in the selection of
the agent, the trustee may rely upon the advice or recommendation of the agent
without further investigation and, except as may otherwise be provided in
subsection (b) of Section 5.1 with respect to investment agents, shall have no
responsibility for actions taken or omitted upon the advice or recommendation
of the agent.
(Source: P.A. 89‑344, eff. 1‑1‑96.)
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(760 ILCS 5/4.10) (from Ch. 17, par. 1664)
Sec. 4.10.
To delegate to a co‑trustee for any period of time any or all of the
trustee's rights, powers and duties.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.11) (from Ch. 17, par. 1665)
Sec. 4.11.
To compromise, contest, prosecute or abandon claims or other charges in
favor of or against the trust estate.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.12) (from Ch. 17, par. 1666)
Sec. 4.12.
To execute contracts, notes, conveyances and other instruments, whether
or not containing covenants and warranties binding upon and creating a
charge against the trust estate or excluding personal liability.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.13) (from Ch. 17, par. 1667)
Sec. 4.13.
Reception of additional trust property.
To receive and administer additional property as part of the trust
estate or as a separate trust having terms identical to the terms of the
existing trust. The provisions of this amendatory
Act of 1993 apply to all trusts created and actions taken before, on, or
after the effective date of this amendatory Act of 1993.
(Source: P.A. 88‑367.)
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(760 ILCS 5/4.14) (from Ch. 17, par. 1668)
Sec. 4.14.
To invest in or hold undivided interests in property.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.15) (from Ch. 17, par. 1669)
Sec. 4.15.
To deal with the executor, trustee or other representative of any other
trust or estate in which a beneficiary of the trust estate has an interest,
notwithstanding the fact that the trustee is an executor, trustee or other
representative of the other trust or estate.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.16) (from Ch. 17, par. 1670)
Sec. 4.16.
To make equitable division or distribution in cash or in
kind, or both, and for that purpose to value any property divided or
distributed in kind.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.17) (from Ch. 17, par. 1671)
Sec. 4.17.
To rely upon an affidavit, certificate, letter or other evidence
reasonably believed to be genuine and on the basis of any such evidence to
make any payment or distribution in good faith without liability.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.18) (from Ch. 17, par. 1672)
Sec. 4.18.
To have all of the rights, powers and duties given to or imposed upon
the trustee by law and the provisions of the trust instrument during the
period between the termination of the trust and the distribution thereof
and during any period in which any litigation is pending which may void or
invalidate the trust in whole or in part or affect the rights, powers,
duties or discretions of the trustee except as otherwise directed by the
court.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.19) (from Ch. 17, par. 1673)
Sec. 4.19.
To purchase and keep in force insurance of an appropriate nature and
form and in a reasonable amount for the protection of the trust estate or
the ownership thereof.
(Source: P.A. 86‑1475.)
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(760 ILCS 5/4.20) (from Ch. 17, par. 1674)
Sec. 4.20. To distribute income and amounts of principal in such one
or more of the following ways as the trustee believes to be for the best
interests of any beneficiary who at the time of distribution is under legal
disability or in the opinion of the trustee is unable properly to manage
his affairs because of illness, physical or mental disability or any other
cause:
(a) directly to the beneficiary;
(b) to a duly appointed guardian of the beneficiary;
(c) to a custodian for the beneficiary under the Uniform Transfers to Minors
Act;
(d) to an adult relative of the beneficiary;
(e) by expending the money or using the property directly for the
benefit of the beneficiary;
and the trustee is not required to see to the application of any
distribution so made; and (f) to a trust, created prior to the time the distribution becomes payable, for the sole benefit of the beneficiary and those dependent upon the beneficiary during his or her lifetime, to be administered as a part thereof, except that any amounts distributed to the trust pursuant to this paragraph (f) shall be separately accounted for by the trustee of the trust and shall be indefeasibly vested in the beneficiary so that if the beneficiary dies prior to complete distribution of such amounts, the amounts and the accretions, earnings, and income thereon, if any, shall be paid to the beneficiary's estate; provided, however, that this paragraph (f) shall not apply to the extent that it would cause a trust otherwise qualifying for the federal estate tax marital deduction not to so qualify.
(Source: P.A. 93‑695, eff. 7‑9‑04.)
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(760 ILCS 5/4.21) (from Ch. 17, par. 1674.1)
Sec. 4.21.
To plant and harvest crops; to breed, raise, purchase and
sell livestock; to lease land, equipment or livestock for cash or on shares,
to purchase and sell, exchange or otherwise acquire or dispose of farm equipment
and farm produce of all kinds; to make improvements, construct, repair,
or demolish and remove any buildings, structures or fences, to engage agents,
managers and employees and delegate powers to them; to engage in drainage
and conservation programs; to terrace, clear, ditch and drain lands and
install irrigation systems; to replace improvements and equipment; to fertilize
and improve the soil; to engage in the growing, improvement, and sale of
trees and other forest crops; to participate or decline to participate in
governmental agricultural or land programs; and to perform such acts as
the trustee deems appropriate, using such methods as are commonly employed
by other farm owners in the community in which the farm property is located.
(Source: P.A. 82‑354.)
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(760 ILCS 5/4.22) (from Ch. 17, par. 1674.2)
Sec. 4.22.
To drill, mine and otherwise operate for the development
of oil, gas and other minerals; to enter into contracts relating to the
installation and operation of absorption and repressuring plants; to enter
into unitization or pooling agreements for any purpose including primary,
secondary or tertiary recovery; to place and maintain pipe lines; to execute
oil, gas and mineral leases, division and transfer orders, grants, deeds,
releases and assignments and other instruments; to participate in a cooperative
coal marketing association or similar entity; and to perform such other
acts as the trustee deems appropriate, using such methods as are commonly
employed by owners of such interests in the community in which the interests
are located.
(Source: P.A. 82‑354.)
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(760 ILCS 5/4.23) (from Ch. 17, par. 1674.3)
Sec. 4.23.
To continue an unincorporated business and participate in its
management by having the trustee or one or more agents of the trustee act
as a manager with appropriate compensation from the business and to incorporate
the business.
(Source: P.A. 82‑354.)
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(760 ILCS 5/4.24) (from Ch. 17, par. 1674.4)
Sec. 4.24.
To continue a business in the partnership form and participate
in its management by having the trustee or one or more agents of the trustee
act as a partner, limited partner or employee with appropriate compensation
from the business; to enter into new partnership agreements; and to incorporate
the business; and with respect to the foregoing activities, the trustee
or the agent or agents of the trustee shall not be personally liable to
third persons with respect to actions, not sounding in tort, unless he
fails to identify the trust estate and reveal that he is acting in a
representative capacity.
Provided, however, that nothing in this Section shall impair in any way
the liability of the trust estate with respect to the foregoing activities
to the extent of
the assets of the trust estate.
(Source: P.A. 84‑518; 84‑621.)
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(760 ILCS 5/4.25)
Sec. 4.25.
Severance and consolidation.
To sever any trust estate on a
fractional basis into 2 or more separate trusts for any reason; to segregate by
allocation to a separate account or trust a specific amount or gift made from
any trust to reflect a partial disclaimer, to reflect or result in differences
in federal tax attributes, to satisfy any federal tax requirement or election,
or to reduce potential generation‑skipping transfer tax liability, in a manner
consistent with the rules governing disclaimers, such federal tax attributes,
such requirements or elections, or any applicable tax rules or regulations, and
income earned on a segregated amount or gift after segregation occurs shall
pass to the designated take of such amount or gift; and to consolidate 2 or
more trusts having substantially similar terms into a single trust. In
managing,
investing, administering, and distributing the trust property of any separate
account or trust and in making applicable tax elections, the trustee may
consider the differences in federal tax attributes and all other factors the
trustee believes pertinent and may make disproportionate distributions from the
separate trusts created. A separate account or trust created by severance or
segregation shall be treated as a separate trust for all purposes from and
after the date on which the severance or segregation is effective, and shall be
held on terms and conditions that are substantially equivalent to the terms of
the trust from which it was severed or segregated so that the aggregate
interests of each beneficiary in the several trusts are substantially
equivalent to the beneficiary's interests in the trust before severance,
provided, however, that any terms of the trust before severance that would
affect qualification of the trust for any federal tax deduction, exclusion,
election, exemption, or other special federal tax status must remain identical
in each of the separate trusts created. The provisions
of this amendatory Act of 1993 apply to all trusts created, and actions taken
before, on, or after the effective date of this amendatory
Act of 1993.
(Source: P.A. 88‑367.)
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(760 ILCS 5/5) (from Ch. 17, par. 1675)
Sec. 5.
Investments.
(a) Prudent Investor Rule. A trustee administering a trust
has a duty to invest and manage the trust assets as follows:
(1) The trustee has a duty to invest and manage | ||
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(2) No specific investment or course of action is, | ||
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(3) The trustee has a duty to diversify the | ||
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(4) The trustee has a duty, within a reasonable time | ||
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(5) The trustee has a duty to pursue an investment | ||
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(6) The circumstances that the trustee may consider | ||
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(b) The provisions of this Section may be expanded, restricted,
eliminated, or otherwise altered by express provisions of the trust
instrument. The trustee is not liable to a beneficiary for the trustee's
reasonable and good faith reliance on those express provisions.
(c) Nothing in this Section abrogates or restricts the power of an
appropriate court in proper cases (i) to direct or permit the trustee to
deviate from the terms of the trust instrument or (ii) to direct or permit
the trustee to take, or to restrain the trustee from taking, any action
regarding the making or retention of investments.
(d) The following terms or comparable language in the investment
powers and related provisions of a trust instrument, unless otherwise
limited or modified by that instrument, shall be construed as authorizing
any investment or strategy permitted under this Section: "investments
permissible by law for investment of trust funds", "legal investments",
"authorized investments", "using the judgment and care under the
circumstances then prevailing that men of prudence, discretion, and
intelligence exercise in the management of their own affairs, not in regard
to the speculation but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of
their capital", "prudent man rule", and "prudent person rule".
(e) On and after the effective date of this amendatory Act of 1991,
this Section applies to all existing and future trusts, but only as to
actions or inactions occurring after that effective date.
(Source: P.A. 87‑715.)
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(760 ILCS 5/5.1) (from Ch. 17, par. 1675.1)
Sec. 5.1.
Duty not to delegate.
(a) The trustee has a duty not to delegate to others the performance of
any acts involving the exercise of judgment and discretion, except acts
constituting investment functions that a prudent investor of comparable
skills might delegate under the circumstances. The trustee may delegate
those investment functions to an investment agent as provided in
subsection (b).
(b) For a trustee to properly delegate investment functions under
subsection (a), all of the following requirements apply:
(1) The trustee must exercise reasonable care, | ||
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(2) The trustee must conduct an inquiry into the | ||
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(3) The investment agent shall be subject to the | ||
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(4) The investment agent shall be subject to the | ||
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(5) The investment agent shall be liable to the | ||
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(6) The trustee shall send written notice of its | ||
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(c) If all requirements of subsection (b) are satisfied, the trustee
shall not otherwise be responsible for the investment decisions or actions
of the investment agent to which the investment functions are delegated.
(d) On and after July 1, 1992, this Section applies to all existing and
future trusts, but only as to actions or inactions occurring after
that date.
(Source: P.A. 87‑715; 87‑895.)
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(760 ILCS 5/5.2) (from Ch. 17, par. 1675.2)
Sec. 5.2.
Investments in mutual funds.
A trustee, including a trustee of a
common trust fund, may invest and reinvest the trust estate in interests in any
open‑end or closed‑end management type investment company or unit
investment trust registered under the Investment Company Act of 1940 or
any investment fund exempt from registration under the Investment Company Act
of 1940, any of these investment companies, unit
investment trusts, or investment funds being a "mutual fund" for purposes of
this Section,
or may
retain, sell, or exchange those interests, provided that the portfolio of the
mutual fund, as an entity, is appropriate under the provisions of this Act. A
trustee shall not be prohibited from investing, reinvesting, retaining, or
exchanging any interests held by the trust estate in any mutual fund for which
the trustee or an affiliate acts as advisor or manager or in any other role
solely on the basis that
the trustee (or its affiliate) provides services to the mutual fund and
receives reasonable remuneration for those services. Neither a trustee nor its
affiliate shall be required to reduce or waive its compensation for services
provided in connection with the investment, management, and
administration of the
trust estate because the trustee invests, reinvests, or retains the trust
estate in a mutual fund, so long as the total compensation paid by the
trust estate as trustee's fees and mutual fund fees, including any advisory
or management fees, in connection with the investment of a trust estate in
a mutual fund is reasonable; provided, however, that a trustee may receive
Rule 12b‑1 fees equal to the amount of those fees that would be paid to
any other party.
(Source: P.A. 90‑297, eff. 8‑1‑97.)
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(760 ILCS 5/5.3)
Sec. 5.3. Total return trusts.
(a) Conversion by trustee. A trustee may convert a trust to a
total return trust as described in this Section if all of the
following apply:
(1) The trust describes the amount that may or must | ||
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(2) conversion to a total return trust means the | ||
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(3) the trustee sends a written notice of the | ||
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(A) all of the legally competent beneficiaries | ||
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(B) all of the legally competent beneficiaries | ||
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(4) there are one or more legally competent income | ||
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(5) no beneficiary objects to the conversion to a | ||
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(6) the trustee has signed acknowledgments of | ||
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(b) Conversion by agreement. Conversion to a total return trust may be made
by agreement between a trustee and all the primary beneficiaries of the trust
under the virtual representation provisions of Section 16.1 of this Act if
those provisions otherwise apply. The agreement may include any actions a court
could properly order under subsection (g) of this Section; however, any
distribution percentage determined by the agreement may not be less than 3%
nor greater than 5%.
(c) Conversion or reconversion by court.
(1) The trustee may for any reason elect to petition | ||
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(A) a beneficiary timely objects to the | ||
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(B) there are no legally competent beneficiaries | ||
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(C) there are no legally competent beneficiaries | ||
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(2) A beneficiary may request the trustee to convert | ||
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(3) The trustee may petition the court prospectively | ||
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(4) In a judicial proceeding under this subsection | ||
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(5) The court shall order conversion to (or | ||
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(6) Notwithstanding any other provision of this | ||
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(d) Post conversion. While a trust is a total return trust, all
of the following shall apply to the trust:
(1) the trustee shall make income distributions in | ||
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(2) the term "income" in the governing instrument | ||
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(i) the 3 preceding years; or
(ii) the period during which the trust has been | ||
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(3) the distribution percentage for any trust | ||
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(4) the trustee shall pay to a beneficiary (in the | ||
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(5) a change in the method of determining a | ||
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(e) Administration. The trustee, in the trustee's discretion, may determine
any of the following matters in administering a total return trust as the
trustee from time to time determines necessary or helpful for the
proper functioning of the trust:
(1) the effective date of a conversion to a total | ||
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(2) the manner of prorating the distribution amount | ||
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(3) whether distributions are made in cash or in | ||
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(4) the manner of adjusting valuations and | ||
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(5) whether to value the trust's assets annually or | ||
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(6) what valuation dates and how many valuation | ||
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(7) valuation decisions about any asset for which | ||
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(A) how frequently to value such an asset;
(B) whether and how often to engage a | ||
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(C) whether to exclude the value of such an | ||
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(i) unless the trustee determines there are | ||
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(ii) if tangible personal property or real | ||
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(iii) examples of assets for which there is | ||
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(iv) examples of assets for which there is | ||
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(8) any other administrative matters as the trustee | ||
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(f) Allocations.
(1) Expenses, taxes, and other charges that would be | ||
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(2) Unless otherwise provided by the governing | ||
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(g) Court orders. The court may order any of the following actions in a
proceeding brought by a trustee or a beneficiary in accordance with subdivision
(c)(1), (c)(2),
or (c)(3):
(1) select a distribution percentage other than 4%;
(2) average the valuation of the trust's net assets | ||
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(3) reconvert prospectively from or adjust the | ||
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(4) direct the distribution of net income | ||
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(5) change or direct any administrative procedure as | ||
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Nothing in this subsection (g) limits the equitable powers of the court to
grant
other
relief.
(h) Restrictions. Conversion to a total return trust does
not affect any provision in the governing instrument:
(1) directing or authorizing the trustee to | ||
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(2) directing or authorizing the trustee to | ||
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(3) authorizing a beneficiary to withdraw a portion | ||
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(4) in any manner that would diminish an amount | ||
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(i) Tax limitations. If a particular trustee is a beneficiary of the trust
and conversion or failure to convert would enhance or diminish the beneficial
interest of the trustee, or if possession or exercise of the conversion power
by a particular trustee would alone cause any individual to be treated as owner
of a part of the trust for income tax purposes or cause a part of the trust to
be included in the gross estate of any individual for estate tax purposes, then
that particular trustee may not participate as a trustee in the exercise of the
conversion power; however:
(1) the trustee may petition the court under | ||
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(2) if the trustee has one or more co‑trustees to | ||
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(j) Releases. A trustee may irrevocably release the power granted by this
Section if the trustee reasonably believes the release is in the best interests
of the trust and its beneficiaries. The release may be personal to the
releasing trustee or may apply generally to some or all subsequent trustees,
and the release may be for any specified period, including a period measured by
the life of an individual.
(k) Remedies. A trustee who reasonably and in good faith takes or omits to
take any action under this Section is not liable to any person interested in
the trust.
If a trustee reasonably and
in good faith takes or omits to take any action under this Section and a person
interested in the trust opposes the act or omission, the person's exclusive
remedy is to obtain an order of the court directing the trustee to convert the
trust to a total return trust, to reconvert from a total return trust, to
change the distribution percentage, or to order any administrative procedures
the court determines necessary or helpful for the proper functioning of the
trust. An act or omission by a trustee under this Section is presumed taken or
omitted reasonably and in good faith unless it is
determined by the court to have been an abuse of discretion. Any claim by any
person interested in the trust that an act or omission by a trustee under this
Section was an abuse of discretion is barred if not asserted in a proceeding
commenced by or on behalf of the person within 2 years after the trustee has
sent to the person or the person's personal representative a notice or
report in writing sufficiently disclosing facts fundamental to the claim such
that the person knew or reasonably should have known of the claim.
The preceding sentence shall not apply to a person who was under a legal
disability at the time the notice or report was sent and who then had no
personal representative. For purposes of this subsection (k), a personal
representative refers to a court appointed guardian or conservator of the
estate of a person.
(l) Application. This Section is available to trusts in existence on the
effective date of this amendatory Act of the 92nd General Assembly or created
after that date. This Section shall be construed as pertaining to the
administration of a trust and shall be available to any trust that
is administered in Illinois under Illinois law or that
is governed by Illinois law with respect to the meaning and effect of
its terms unless:
(1) the trust is a trust described in Internal | ||
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(2) the governing instrument expressly prohibits use | ||
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(m) Application to express trusts.
(1) This subsection (m) does not apply to a | ||
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(2) In this subsection (m):
(A) "Unitrust" means a trust the terms of which | ||
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(B) "Unitrust amount" means an amount equal to a | ||
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(3) A unitrust changes the definition of income by | ||
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(4) The allocations provision of subdivision (2) of | ||
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(Source: P.A. 92‑838, eff. 8‑22‑02; 93‑991, eff. 8‑23‑04.)
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(760 ILCS 5/5.5) Sec. 5.5. Gift to a deceased beneficiary under an inter vivos trust. Unless the settlor expressly provides otherwise in his or her trust: (1) if a gift of a present or future interest is to a | ||
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(2) if a gift of a present or future interest is to a | ||
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(3) except as above provided in items (1) and (2), if | ||
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The provisions of items (1) and (2) do not apply to a | ||
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The provisions of this Section apply on and after January | ||
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(Source: P.A. 93‑991, eff. 8‑23‑04.) |
(760 ILCS 5/6) (from Ch. 17, par. 1676)
Sec. 6.
Nominee Registration.
The trustee may cause stocks, bonds, and other property, real or
personal, belonging to the trust to be registered and held in the name of a
nominee without mention of the trust in any instrument or record
constituting or evidencing title thereto. The trustee shall be liable for
the acts of the nominee with respect to any investment so registered. The
records of the trustee shall show at all times the ownership of the
investment by the trustee, and the stocks, bonds and other similar
investments shall be in the possession and control of the trustee and be
kept separate and apart from assets which are the individual property of
the trustee.
(Source: P. A. 78‑625.)
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(760 ILCS 5/7) (from Ch. 17, par. 1677)
Sec. 7.
Compensation.
The trustee shall be reimbursed for all proper expenses incurred in the
management and protection of the trust and shall be entitled to reasonable
compensation for services rendered.
(Source: P. A. 78‑625.)
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(760 ILCS 5/8) (from Ch. 17, par. 1678)
Sec. 8.
Relation with Third Persons.
Anyone dealing with the trustee is not obliged to inquire as to the
trustee's powers or to see to the application of any money or property
delivered to the trustee and may assume that the trust is in full force and
effect, that the trustee is authorized to act and that his act is in
accordance with the provisions of the trust instrument.
(Source: P. A. 78‑625.)
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(760 ILCS 5/9) (from Ch. 17, par. 1679)
Sec. 9.
Custody of Assets.
If a corporation is acting as co‑trustee with one or more individuals,
the corporate trustee shall have custody of the trust estate, unless all
the trustees otherwise agree.
(Source: P. A. 78‑625.)
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(760 ILCS 5/10) (from Ch. 17, par. 1680)
Sec. 10.
Majority of Trustees to Act.
If there are 3 or more trustees of a trust, a majority of the trustees
are competent to act in all cases after prior written notice to, or written
waiver of notice by, each other trustee, but a dissenting trustee has no
liability for the acts of the majority.
(Source: P. A. 78‑625.)
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(760 ILCS 5/11) (from Ch. 17, par. 1681)
Sec. 11.
Accounts.
(a) Every trustee at least annually shall furnish
to the beneficiaries then entitled to receive or receiving the income from
the trust estate, or if none, then those beneficiaries eligible to have
the
benefit of the income from the trust estate a current account
showing the receipts,
disbursements and inventory of the trust estate.
A current account shall be binding on the
beneficiaries
receiving the account and on such beneficiaries' heirs and
assigns unless an action against the trustee is instituted by the beneficiary
or such beneficiary's heirs and assigns within 3 years from the date the
current account is furnished.
(b) Every trustee shall on termination of the trust furnish to the
beneficiaries then entitled to distribution of the trust estate a final
account for the period from the date of the last current account to the
date of distribution showing the inventory of the trust estate, the
receipts, disbursements and distributions and shall make available to such
beneficiaries copies of prior accounts not theretofore furnished. Such
final accounting shall be
binding on the beneficiaries receiving the same and all persons claiming by
or through them, unless an action against the trustee is instituted by the
beneficiary or person claiming by or through him or her within 3
years from
the date the final account is furnished.
(c) With respect to trust estates which terminated and were distributed
10 years or less prior to January 1, 1988,
the final account furnished to the beneficiaries entitled to
distribution of the trust estate shall be binding on the beneficiaries
receiving the same and all persons claiming by or through them, unless an
action against the trustee is instituted by the beneficiary or person
claiming by or through him or her within 5 years from January 1, 1988
or within 10 years from the date the final account was
furnished, whichever is longer.
(d) With respect to trust estates which terminated and were distributed
more than 10 years prior to January 1, 1988,
the final account furnished to the beneficiaries entitled to
distribution of the trust estate shall be binding on the beneficiaries
receiving the same and all persons claiming by or through them, unless an
action against the trustee is instituted by the beneficiary or person
claiming by or through him or her within 2 years
from January 1, 1988.
(e) If a beneficiary is under a legal disability, the account shall be provided to the representative of the estate of the
beneficiary and shall be binding on the beneficiary and the beneficiary's
estate unless an action against the trustee is instituted by the representative
within 3 years from the date the account is
furnished. If
no representative for the estate of a beneficiary under legal disability has
been appointed, the account shall be provided to a
spouse,
parent, adult child, or guardian of the person of the beneficiary and shall be
binding on the beneficiary unless an action is instituted against the trustee
by the spouse, parent, adult child, or guardian of the person to whom the
account is furnished within 3 years from the date it
is
furnished.
(f) If the trustee is guilty of fraudulent concealment, notwithstanding
subsection (a), (b), (c), (d) or (e), the beneficiary may bring the action within the time limit set forth in
Section
13‑215
of the Code of Civil Procedure.
(g) Receipt of an account by a beneficiary (or
other
person, as provided) is presumed if the trustee has procedures in place
requiring the mailing or delivery
of an account to the beneficiary (or other person, as provided). This
presumption shall apply to the mailing or delivery of an account by electronic
means or the provision of access to an account by electronic means so long as
the beneficiary has agreed to receive such electronic delivery or access.
(Source: P.A. 92‑222, eff. 8‑2‑01.)
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(760 ILCS 5/12) (from Ch. 17, par. 1682)
Sec. 12.
Resignation.
A trustee may resign at any time by written notice of the resignation to
the settlor, if living, to a co‑trustee, if any, and to the beneficiaries
then entitled to receive or eligible to have the benefit of the income from
the trust estate.
(Source: P. A. 78‑625.)
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(760 ILCS 5/13) (from Ch. 17, par. 1683)
Sec. 13.
Vacancy ‑ Successor Trustee.
In the event of the death, resignation, refusal or inability to act of
any trustee:
(1) the remaining trustee, if any, shall continue to act, with all the
rights, powers and duties, of all of the trustees; or
(2) if there is no remaining trustee, a successor trustee may be
appointed by a majority in interest of the beneficiaries then entitled to
receive the income from the trust estate or, if the interests of the income
beneficiaries are indefinite, by a majority in number of the beneficiaries
then eligible to have the benefit of the income of the trust estate, by an
instrument in writing delivered to the successor, who shall become a
successor trustee upon written acceptance of the appointment, but no
beneficiary who is appointed as a successor trustee shall have any
discretion to determine the propriety or amount of any distribution of
income or principal to himself or to any person to whom he is legally
obligated.
(Source: P. A. 78‑625.)
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(760 ILCS 5/14) (from Ch. 17, par. 1684)
Sec. 14.
Powers and Duties of Successor ‑ Liability for Acts of Predecessor
‑ Approval of Accounts.
(1) A successor trustee shall have all the rights, powers and duties,
which are granted to or imposed on the predecessor. (2) A successor trustee
shall be under no duty to inquire into the acts or doings of a predecessor
trustee, and is not liable for any act or failure to act of a predecessor
trustee. (3) With the approval of a majority in interest of the
beneficiaries then entitled to receive or eligible to have the benefit of
the income from the trust, a successor trustee may accept the account
rendered and the property received as a full and complete discharge to the
predecessor trustee without incurring any liability for so doing.
(Source: P. A. 78‑625.)
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(760 ILCS 5/15) (from Ch. 17, par. 1685)
Sec. 15.
Minor or
disabled person‑Authority of Representative.
The representative of the estate of a beneficiary under legal disability
or a spouse, parent, adult child, or guardian of the person of a
beneficiary for whose estate no representative has been appointed, may act
for the beneficiary in receiving and approving any account of the trustee
appointing a successor trustee and executing any receipt and receiving any
notice from the trustee.
(Source: P.A. 82‑354.)
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(760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)
Sec. 15.1.
Trust for disabled beneficiary.
A discretionary trust for
the benefit of an individual who has a disability that substantially
impairs the individual's ability to provide for his or her own care or
custody and constitutes a substantial handicap shall not be liable to pay
or reimburse the State or any public agency for financial aid or services
to the individual except to the extent the trust was created by the
individual or trust property has been distributed directly to or is
otherwise under the control of the individual, provided that such exception
shall not apply to a trust created with the disabled individual's
own property or property within his or her control if the trust complies with
Medicaid reimbursement requirements of
federal law.
Notwithstanding any other provisions to the contrary, a trust created with
the disabled individual's own property or property within his or her control
shall be liable, after reimbursement of Medicaid expenditures, to the State for
reimbursement of any other service charges outstanding at the death of the
disabled individual.
Property, goods and services
purchased or owned by a trust for and used or consumed by a disabled
beneficiary shall not be considered trust property distributed to or under
the control of the beneficiary. A discretionary trust is one in which the
trustee has discretionary power to determine distributions to be made
under the trust.
(Source: P.A. 89‑205, eff. 1‑1‑96.)
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(760 ILCS 5/15.2)
Sec. 15.2.
Trusts for domestic or pet animals.
(a) A trust for the care of one or more designated domestic or pet
animals is valid. The trust terminates when no living animal is covered by the
trust. A governing instrument shall be liberally construed to bring the
transfer
within this Section, to presume against a merely precatory or honorary nature
of its disposition, and to carry out the general intent of the transferor.
Extrinsic evidence is admissible in determining the transferor's intent.
(b) A trust for the care of one or more designated domestic or pet
animals is subject to the following provisions:
(1) Except as expressly provided otherwise in the
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(2) Upon termination, the trustee shall transfer the | ||
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(A) as directed in the trust instrument;
(B) if there is no such direction in the trust | ||
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(C) if no taker is produced by the application of | ||
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(3) The intended use of the principal or income may | ||
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(4) Except as ordered by the court or required by the | ||
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(5) The court may reduce the amount of the property | ||
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(6) If a trustee is not designated or no designated | ||
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(7) The trust is exempt from the operation of the | ||
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(Source: P.A. 93‑668, eff. 1‑1‑05 .) |
(760 ILCS 5/16.1)
Sec. 16.1.
Virtual representation.
(a) If all primary beneficiaries of a trust are adults and not
incapacitated, except as provided in subsection (c), any written agreement;
including, without limitation, an
agreement construing any provision of the trust or an agreement regarding any
duty, power, responsibility, or action of the trustee, between a trustee and
all of the primary beneficiaries of a trust shall be final and binding on the
trustee and all beneficiaries of the trust, both current and future, as if
ordered by a court with competent jurisdiction over all parties in interest, if
all other persons who have a contingent, future, or other interest in the trust
would become primary beneficiaries only by reason of surviving a primary
beneficiary.
(b) For purposes of this Section, "primary beneficiary" means a beneficiary
who is either: (1) currently entitled or
eligible to receive any portion of the trust income or principal, or (2)
assuming nonexercise of all powers of appointment, will receive, or be entitled
to withdraw, all or a portion of the principal of the trust, if the beneficiary
survives to the final date of distribution with respect to the beneficiary's
share.
(c) This Section shall not apply to an agreement that accelerates the
termination of a trust, in whole or in part.
(d) In the trustee's sole
discretion, the trustee may obtain opinion of counsel that any agreement
proposed to be made under this Section is not clearly contrary to the express
terms of the trust instrument. The trustee may, but is not required
to, enter into an agreement under this Section.
On and after its effective date, this Section applies to all existing
and future trusts, but only as to agreements entered into on or after the
effective date.
(Source: P.A. 88‑367.)
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(760 ILCS 5/17) (from Ch. 17, par. 1687)
Sec. 17.
Proceeds
of Eminent Domain or Partition.
If a trustee is appointed by a court of this State to receive money
under eminent domain or partition proceedings and to invest it for the
benefit of the person who would be entitled to the real estate or income
therefrom if it had not been taken or sold, on petition of any interested
person describing the real estate to be purchased, the price to be paid,
the probable income to be derived and the state of the title, the court may
authorize the trustee to invest all or any part of the money in other real
estate in this State. Title to the real estate so purchased shall be taken
in the name of the trustee. If the interest of the beneficiary in the real
estate taken or sold was a legal interest, the court shall direct the
trustee to convey to the beneficiary a legal estate upon the same
conditions and limitations of title, but the conveyance by the trustee
shall preserve any right of entry for condition broken, possibility of
reverter created by the instrument of title or any reversion or other
vested interest which arose by operation of law at the time the instrument
took effect. The court shall not direct the conveyance by the trustee
unless there is a person or class of persons in being who would have a
vested interest in the real estate taken or sold under the instrument of
title to the real estate and who would be entitled to possession of the
real estate if it had not been taken or sold.
(Source: P. A. 78‑625.)
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(760 ILCS 5/17.1) (from Ch. 17, par. 1687.1)
Sec. 17.1.
Where lands or any estate therein are subject to any legal
or equitable future interest of any kind or to any power of appointment,
whether a trust is involved or not, and it is made to appear that such lands
or estate are liable to waste or depreciation in value, or that the sale
thereof and the safe and proper investment of the proceeds will inure to
the benefit and advantage of the persons entitled thereto, or that it is
otherwise necessary for the conservation, preservation or protection of the
property or estate or of any present or future interest therein that such
lands or estate be sold, mortgaged, leased, converted, exchanged, improved,
managed or otherwise dealt with, the court may, pending the happening of
the contingency, if any, and the vesting in possession of such future interest,
declare a trust, and appoint a trustee or trustees for such lands or
estate and vest in a trustee or trustees title to the property,
and authorize and direct the sale of such property, either at a public sale
or at private sale, and upon such terms and conditions as the court may
direct, and in such case may authorize the trustee or trustees to make such
sale and to receive, hold and invest the proceeds thereof under the direction
of the court for the benefit of the persons entitled or who may become entitled
thereto according to their respective rights and interests, authorize and
direct that all or any portion of the property, or the proceeds thereof,
so subject to such future interests or powers of appointment, be leased,
mortgaged, converted, exchanged, improved, managed, invested, re‑invested,
or otherwise dealt with, as the rights and interests of the parties and
the equities of the case may require, and to that end may confer all necessary
powers on the trustee or trustees.
All orders of every court entered pursuant to this Section subsequent
to June 30, 1982 and prior to September 16,
1985 vesting title to property in a trustee are hereby validated and such
title is vested in such trustee effective the day the court entered such order.
(Source: P.A. 84‑1308.)
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(760 ILCS 5/18) (from Ch. 17, par. 1688)
Sec. 18.
Liberal Construction ‑ Partial Invalidity.
This Act shall be liberally construed and the rule that statutes in
derogation of the common law shall be strictly construed does not apply.
The invalidity of any provision of this Act shall not affect the remainder
of the Act.
(Source: P. A. 78‑625.)
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(760 ILCS 5/19) (from Ch. 17, par. 1689)
Sec. 19.
Saving Clause.
The provisions for repeal contained in this Act do not in any way: (1)
apply to any trust created by will, deed, agreement, declaration or other
instrument executed prior to October 1, 1973; (2) invalidate any act done
by a trustee or any order entered by a court prior to October 1, 1973; or
(3) affect a claim, right, power or remedy accrued prior to October 1,
1973; under any Act repealed by this Act.
(Source: P. A. 78‑625.)
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(760 ILCS 5/20) (from Ch. 17, par. 1690)
Sec. 20.
Repeal.
The following Acts are repealed:
(1) "An Act concerning compensation of trustees", approved June 17, 1891,
as amended.
(2) "An Act concerning powers of trustees", filed May 18, 1905, as amended.
(Source: P.A. 78‑625.)
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(760 ILCS 5/21)
Sec. 21.
Reliance on Commissioner of Banks and Real Estate.
No trustee
or other person shall be liable under this Act for any act done or omitted in
good faith in conformity with any rule, interpretation, or opinion
issued by the
Commissioner of Banks and Real Estate, notwithstanding that after the act or
omission has occurred, the rule, opinion, or interpretation upon
which reliance is placed is amended, rescinded, or determined by judicial or
other authority to be invalid for any reason.
(Source: P.A. 90‑161, eff. 7‑23‑97.)
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