Illinois Code § 760 ILCS 3/701

Accepting or declining trusteeship.
Open in Lexace · Ask the AI about this section
(a) Except as otherwise provided in subsection (c), a person designated as trustee accepts the trusteeship:

 
 
(1) by substantially complying with a method of 
 
acceptance provided in the trust instrument; or 
 
 
(2) if the trust instrument does not provide a 
 
method or the method provided in the trust instrument is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. 
 
(b) A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within 120 days after receiving notice of the designation is deemed to have declined the trusteeship.

 
(c) A person designated as trustee, without accepting the trusteeship, may, but need not:

 
 
(1) act to preserve the trust property if, within 
 
120 days after receiving notice of the designation, the person sends a declination of the trusteeship to the settlor or, if the settlor is deceased or incapacitated, to the qualified beneficiaries; and 
 
 
(2) inspect or investigate trust property to 
 
determine potential liability under environmental or other law or for any other purpose. 
 
(d) A person acting under subsection (c) is not liable for actions taken in good faith.

acceptance provided in the trust instrument; or
method or the method provided in the trust instrument is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
120 days after receiving notice of the designation, the person sends a declination of the trusteeship to the settlor or, if the settlor is deceased or incapacitated, to the qualified beneficiaries; and
determine potential liability under environmental or other law or for any other purpose.

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.