Illinois General Assembly - Full Text of HB4137
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Full Text of HB4137  93rd General Assembly



State of Illinois
2003 and 2004


Introduced 1/16/2004, by Terry R. Parke


760 ILCS 5/15.2 new

    Amends the Trusts and Trustees Act. Provides that a trust for the care of one or more designated domestic or pet animals is valid. Establishes rules regarding the administration and termination of these trusts. Provides that trust instruments shall be liberally construed to bring the transfer within the new provision and to carry out the intent of the transferor. Provides that these trusts are exempt from the operation of the common law rule against perpetuities.

LRB093 16393 LCB 42032 b





HB4137 LRB093 16393 LCB 42032 b

1     AN ACT concerning trusts.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Trusts and Trustees Act is amended by
5 adding Section 15.2 as follows:
6     (760 ILCS 5/15.2 new)
7     Sec. 15.2. Trusts for domestic or pet animals.
8     (a) A trust for the care of one or more designated domestic
9 or pet animals is valid. The trust terminates when no living
10 animal is covered by the trust. A governing instrument shall be
11 liberally construed to bring the transfer within this Section,
12 to presume against a merely precatory or honorary nature of its
13 disposition, and to carry out the general intent of the
14 transferor. Extrinsic evidence is admissible in determining
15 the transferor's intent.
16     (b) A trust for the care of one or more designated domestic
17 or pet animals is subject to the following provisions:
18         (1) Except as expressly provided otherwise in the
19     instrument creating the trust, no portion of the principal
20     or income of the trust may be converted to the use of the
21     trustee or to a use other than for the trust's purposes or
22     for the benefit of a covered animal.
23         (2) Upon termination, the trustee shall transfer the
24     unexpended trust property in the following order:
25             (A) as directed in the trust instrument;
26             (B) if there is no such direction in the trust
27         instrument and if the trust was created in a
28         non-residuary clause in the transferor's will, then
29         under the residuary clause in the transferor's will; or
30             (C) if no taker is produced by the application of
31         subparagraph (A) or (B), then to the transferor's
32         heirs, determined according to Section 2-1 of the



HB4137 - 2 - LRB093 16393 LCB 42032 b

1         Probate Act of 1975.
2         (3) The intended use of the principal or income may be
3     enforced by an individual designated for that purpose in
4     the trust instrument or, if none, by an individual
5     appointed by a court having jurisdiction of the matter and
6     parties, upon petition to it by an individual.
7         (4) Except as ordered by the court or required by the
8     trust instrument, no filing, report, registration,
9     periodic accounting, separate maintenance of funds,
10     appointment, or fee is required by reason of the existence
11     of the fiduciary relationship of the trustee.
12         (5) The court may reduce the amount of the property
13     transferred if it determines that the amount substantially
14     exceeds the amount required for the intended use. The
15     amount of the reduction, if any, passes as unexpended trust
16     property under paragraph (2).
17         (6) If a trustee is not designated or no designated
18     trustee is willing and able to serve, the court shall name
19     a trustee. The court may order the transfer of the property
20     to another trustee if the transfer is necessary to ensure
21     that the intended use is carried out, and if a successor
22     trustee is not designated in the trust instrument or if no
23     designated successor trustee agrees to serve and is able to
24     serve. The court may also make other orders and
25     determinations as are advisable to carry out the intent of
26     the transferor and the purpose of this Section.
27         (7) The trust is exempt from the operation of the
28     common law rule against perpetuities.