(760 ILCS 5/3)
(from Ch. 17, par. 1653)
(1) A person establishing a trust may specify in the instrument the
rights, powers, duties, limitations and immunities applicable to the
trustee, beneficiary and others and those provisions where not otherwise
contrary to law shall control, notwithstanding this Act. The provisions of
this Act apply to the trust to the extent that they are not inconsistent
with the provisions of the instrument.
(2) This Act applies to every trust created by will, deed, agreement,
declaration or other instrument, except that the provisions of Sections 4.01
through 4.08, Sections 4.10 through 4.12, and Sections 4.14 through 4.24 apply
only to trusts executed on or after October 1, 1973 and, with respect to
Section 17, to an order entered on or after that date, and provided further
that the provisions of this Act do not apply to any: (a) land trust;
(b) voting trust; (c) security instrument such as a trust deed or
(d) liquidation trust; (e) escrow; (f) instrument under which a nominee,
custodian for property or paying or receiving agent is appointed; or (g) a
trust created by a deposit arrangement in a banking or savings institution,
commonly known as a "Totten trust" unless in the governing instrument any
of the provisions of this Act are made applicable by specific reference.
(3) This Act does not apply to the Grain Indemnity Trust Account or any
other trust created under the Grain Code.
(Source: P.A. 91-357, eff. 7-29-99.)