HB1017 Enrolled

LRB093 05546 DRJ 05638 b






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    AN ACT in relation to trusts. 

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


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


 



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    (760 ILCS 5/15.2 new)




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    Sec. 15.2. Trusts for domestic or pet animals.

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    (a) A trust for the care of one or more designated domestic 
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or pet
animals is valid. The trust terminates when no living 
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animal is covered by the
trust. A governing instrument shall be 
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liberally construed to bring the
transfer
within this Section, 
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to presume against a merely precatory or honorary nature
of its 
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disposition, and to carry out the general intent of the 
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transferor.
Extrinsic evidence is admissible in determining 
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the transferor's intent.

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    (b) A trust for the care of one or more designated domestic 
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or pet
animals is subject to the following provisions:

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        (1) Except as expressly provided otherwise in the

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

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

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            (A) as directed in the trust instrument;

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

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

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


 






HB1017 Enrolled
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LRB093 05546 DRJ 05638 b




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        Probate Act of 1975.

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

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

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

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

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

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

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