760 ILCS 3/ Illinois Trust Code.

(760 ILCS 3/Art. 3 heading) Article 3. Representation. (Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/301)

Sec. 301. Representation: basic effect.

(a) Except as provided in Section 602 and subsection (c):

(1) Notice, information, accountings, or reports given to a person who may represent and bind another person under this Article have the same effect as if given directly to the person represented.

(2) Actions, including, but not limited to, the execution of an agreement, taken by a person who may represent and bind another person under this Article are binding on the person represented to the same extent as if the actions had been taken by the person represented.

(b) Except as otherwise provided in Section 602, a person under this Article who represents a settlor who is incapacitated may, on the settlor's behalf: (i) receive notice, information, accountings, or reports; (ii) give a binding consent; or (iii) enter a binding agreement.

(c) A settlor may not represent and bind a beneficiary under this Article with respect to a nonjudicial settlement agreement under Section 111, the termination or modification of a trust under subsection (a) of Section 411, or an exercise of the decanting power under Article 12.

(d) If pursuant to this Article a person may be represented by 2 or more representatives, then the first of the following who has legal capacity and is willing to act as representative, shall represent and bind the person:

(1) a representative or guardian ad litem appointed by a court under Section 305;

(2) the holder of a power of appointment under Section 302;

(3) a designated representative under Section 307;

(4) a court-appointed guardian of the estate, or, if none, a court-appointed guardian of the person under subsection (b) of Section 303;

(5) an agent under a power of attorney for property under subsection (c) of Section 303;

(6) a parent of a person under subsection (d) of Section 303;

(7) another person having a substantially similar interest with respect to the particular question or dispute under subsection (a) of Section 304; and

(8) a representative under this Article for a person who has a substantially similar interest to a person who has a representative under subsection (b) of Section 304.

(e) A trustee is not liable for giving notice, information, accountings, or reports to a person who is represented by another person under this Article, and nothing in this Article prohibits the trustee from giving notice, information, accountings, or reports to the person represented.

(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)

(760 ILCS 3/302)

Sec. 302. Representation by holders of certain powers.

(a) The holder of a testamentary or a presently exercisable power of appointment that is: (1) a general power of appointment; or (2) exercisable in favor of all persons other than the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate, may represent and bind all persons, including takers in default, whose interests may be eliminated by the exercise of the power.

(b) To the extent there is no conflict of interest between a holder and the persons represented with respect to the particular question or dispute, the holder of a testamentary or presently exercisable power of appointment, other than a power described in subsection (a), may represent and bind all persons, including takers in default, whose interests may be eliminated by the exercise of the power.

(c) Subsection (a), except with respect to a presently exercisable general power of appointment, and subsection (b) do not apply to:

(1) any matter determined by the court to involve fraud or bad faith by the trustee; or

(2) a power of appointment held by a person while the person is the sole trustee.

(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)

(760 ILCS 3/303)

Sec. 303. Representation by others.

(a) If all qualified beneficiaries of a trust either have legal capacity or have representatives under this Article who have legal capacity, an action taken by all qualified beneficiaries, in each case either by the beneficiary or by the beneficiary's representative, shall represent and bind all other beneficiaries who have a successor, contingent, future, or other interest in the trust.

(b) If a person is represented by a court-appointed guardian of the estate or, if none, guardian of the person, then the guardian may represent and bind the person.

(c) If an individual is incapacitated, an agent under a power of attorney for property who has authority to act with respect to the particular question or dispute and who does not have a material conflict of interest with respect to the particular question or dispute may represent and bind the principal. An agent is deemed to have authority under this subsection if the power of attorney grants the agent the power to settle claims and to exercise powers with respect to trusts and estates, even if the powers do not include powers to make a will, to revoke or amend a trust, or to require the trustee to pay income or principal.

(d) If a person is incapacitated, a parent of the person may represent and bind the person if there is no material conflict of interest between the represented person and either of the person's parents with respect to the particular question or dispute. If a disagreement arises between parents who otherwise qualify to represent a child in accordance with this subsection and who are seeking to represent the same child, the parent who is a lineal descendant of the settlor of the trust that is the subject of the representation is entitled to represent the child; or if none, the parent who is a beneficiary of the trust is entitled to represent the child.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/304)

Sec. 304. Representation by person having substantially identical interest.

(a) To the extent there is no material conflict of interest between the representative and the represented beneficiary with respect to the particular question or dispute, a beneficiary who is incapacitated, unborn, or unascertainable may, for all purposes, be represented by and bound by another beneficiary having a substantially similar interest with respect to the particular question or dispute.

(b) A guardian, agent, or parent who is the representative for a beneficiary under subsection (b), (c), or (d) of Section 303 may, for all purposes, represent and bind any other beneficiary who is incapacitated, unborn, or unascertainable and who has an interest, with respect to the particular question or dispute, that is substantially similar to the interest of the beneficiary represented by the representative, but only to the extent that there is no material conflict of interest between the beneficiary represented by the representative and the other beneficiary with respect to the particular question or dispute.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/305)

Sec. 305. Appointment of representative.

(a) If the court determines that representation of an incapacitated, unborn, or unascertainable beneficiary might otherwise be inadequate, the court may appoint a representative for any nonjudicial matter to receive any notice, information, accounting, or report on behalf of the beneficiary and to represent and bind the beneficiary, or may appoint a guardian ad litem in any judicial proceeding to represent the interests of, bind, and approve any order or agreement on behalf of the beneficiary.

(b) A representative may act on behalf of the individual represented with respect to any matter arising under this Code, regardless of whether a judicial proceeding concerning the trust or estate is pending.

(c) If not precluded by a conflict of interest with respect to the particular question or dispute, a representative or guardian ad litem may be appointed to represent several persons or interests.

(d) In giving any consent or agreement, a representative or guardian ad litem may consider general family benefit accruing to the living members of the family of the person represented.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/306)

Sec. 306. Representation of charity. If a trust contains a charitable interest, the Attorney General may, in accordance with this Section, represent, bind, and act on behalf of the charitable interest with respect to any particular question or dispute, including without limitation representing the charitable interest in a nonjudicial settlement agreement under Section 111, in an agreement to convert a trust to a total return trust under Article 11, or in a distribution in further trust under Article 12. A charitable organization that is specifically named as beneficiary of a trust or otherwise has a beneficial interest in a trust may act for itself. Notwithstanding any other provision, nothing in this Section shall be construed to limit or affect the Attorney General's authority to file an action or take other steps as he or she deems advisable at any time to enforce or protect the general public interest as to a trust that provides a beneficial interest or expectancy for one or more charitable organizations or charitable purposes whether or not a specific charitable organization is named in the trust. This Section shall be construed as declarative of existing law and not as a new enactment.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/307)

Sec. 307. Designated representative.

(a) If specifically nominated in the trust instrument, one or more individuals with legal capacity may be designated to represent and bind an individual who is a qualified beneficiary. The trust instrument may also authorize any person or persons, other than a trustee of the trust, to designate one or more individuals with legal capacity to represent and bind an individual who is a qualified beneficiary. Any person so nominated or designated is referred to in this Section as a "designated representative".

(b) Notwithstanding subsection (a):

(1) A designated representative may not represent and bind a current beneficiary who is age 30 or older and is not incapacitated.

(2) A designated representative may not represent and bind a qualified beneficiary while the designated representative is serving as a trustee.

(3) Subject to paragraphs (1) and (2) of this subsection (b), a designated representative may not represent and bind a qualified beneficiary if the designated representative is also a qualified beneficiary of the trust, unless:

(A) the designated representative was specifically nominated in the trust instrument; or

(B) the designated representative is the qualified beneficiary's spouse or a grandparent or descendant of a grandparent of the qualified beneficiary or of the qualified beneficiary's spouse.

(c) Each designated representative is a fiduciary of the trust subject to the standards applicable to a trustee of a trust under applicable law.

(d) In no event may a designated representative be relieved or exonerated from the duty to act, or withhold from acting, in good faith and as the designated representative reasonably believes is in the best interest of the represented qualified beneficiary.

(Source: P.A. 101-48, eff. 1-1-20.)