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.

Effective Date: 1/1/2005