Public Act 093-0668
 		





HB1017 Enrolled
LRB093 05546 DRJ 05638 b






    AN ACT in relation to trusts. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5.  The Trusts and Trustees Act is amended by 
adding Section 15.2 as
follows:


 



    (760 ILCS 5/15.2 new)




    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

instrument creating the trust, no portion of the principal 
or income
of the trust may be converted to the use of the 
trustee or to a use
other than for the trust's purposes or 
for the benefit of a covered animal.

        (2) Upon termination, the trustee shall transfer the 
unexpended
trust property in the following order:

            (A) as directed in the trust instrument;

            (B) if there is no such direction in the trust 
instrument and if the
trust was created in a 
non-residuary clause in
the transferor's will, then 
under
the residuary clause in the transferor's will; or

            (C) if no taker is produced by the application of

subparagraph (A) or (B), then to the transferor's 
heirs, determined
according to Section 2-1 of the 
Probate Act of 1975.

        (3) The intended use of the principal or income may be 
enforced
by an individual designated for that purpose in 
the trust instrument or,
if none, by an individual 
appointed by a court having jurisdiction of the
matter and 
parties, upon petition to it by an individual.

        (4) Except as ordered by the court or required by the 
trust
instrument, no filing, report, registration, 
periodic accounting,
separate maintenance of funds, 
appointment, or fee is required by
reason of the existence 
of the fiduciary relationship of the trustee.

        (5) The court may reduce the amount of the property

transferred if it determines that the amount substantially 
exceeds the
amount required for the intended use. The 
amount of the reduction, if
any, passes as unexpended trust 
property under paragraph (2).

        (6) If a trustee is not designated or no designated 
trustee is
willing and able to serve, the court shall name 
a trustee. The court may
order the transfer of the property 
to another trustee if the transfer is
necessary to ensure 
that the intended use is carried out, and if a
successor 
trustee is not designated in the trust instrument or if no

designated successor trustee agrees to serve and is able to 
serve. The
court may also make other orders and 
determinations as are advisable
to carry out the intent of 
the transferor and the purpose of this Section.

        (7) The trust is exempt from the operation of the 
common law rule against
perpetuities.