Illinois Trust Code
Illinois · Trusts and Fiduciaries · §§ 760-3-101 to 760-3-115 · 15 sections
Overview
This act governs the creation, administration, and termination of private and charitable trusts. It sets out how a trust is formed — the methods of creation, the intent and capacity required of the settlor and trustee, the property that funds it, and the writing requirements it must satisfy — and it supplies default rules that apply unless the terms of the trust provide otherwise, alongside a smaller set of mandatory rules that override contrary terms. It also establishes mechanisms for changing a trust after it exists, including revocation or amendment by the settlor, judicial modification, reformation, or termination, division and combination of trusts, termination of trusts too small to justify administration, and distribution of trust property into a second trust, and it addresses recurring substantive questions such as spendthrift provisions, forfeiture clauses, perpetuities limits, and trusts for the care of an animal.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- 760 ILCS 3/101Short title
- 760 ILCS 3/102Scope
- 760 ILCS 3/103Definitions
- 760 ILCS 3/104Knowledge
- 760 ILCS 3/105Default and mandatory rules
- 760 ILCS 3/106Common law of trusts; principles of equity
- 760 ILCS 3/107Governing law
- 760 ILCS 3/108Principal place of administration
- 760 ILCS 3/109Methods and waiver of notice
- 760 ILCS 3/110Others treated as qualified beneficiaries
- 760 ILCS 3/111Nonjudicial settlement agreements
- 760 ILCS 3/112Rules of construction
- 760 ILCS 3/113Insurable interest of trustee
- 760 ILCS 3/114Gift to a deceased beneficiary under an inter vivos trust
- 760 ILCS 3/115Transfer of real property to trust
Enacted in other states
Arkansas, Florida, Iowa, Louisiana, Minnesota, New Hampshire, Texas, Vermont, Wisconsin
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