reglab/housing_qa huggingface dataset:
760 ILCS 3/113
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 1 - General Provisions and Definitions

Sec. 113. Insurable interest of trustee.(a)  A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:(1)  the insured is:(A)  a settlor or beneficiary of the trust; or(B)  an individual in whom a settlor of the trust         has, or would have had if living at the time the policy was issued, an insurable interest; and(2)  the trustee determines the life insurance     proceeds:(A)  are for the benefit of one or more trust         beneficiaries that have an insurable interest in the life of the insured; or(B)  will carry out a purpose of the trust.(b)  If a trustee of a trust would have an insurable interest in the life of an individual insured as described in this Section, then the insurable interest includes the joint lives of such an individual and his or her spouse.(c)  Nothing in this Section limits or affects any provision of the Viatical Settlements Act of 2009.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/114
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 1 - General Provisions and Definitions

Sec. 114. Gift to a deceased beneficiary under an inter vivos trust.(a)  If a gift of a present or future interest is to a descendant of the settlor who dies before or after the settlor, the descendants of the deceased beneficiary living when the gift is to take effect in possession or enjoyment take per stirpes the gift so bequeathed.(b)  If a gift of a present or future interest is to a class and any member of the class dies before or after the settlor, the members of the class living when the gift is to take effect in possession or enjoyment take the share or shares that the deceased member would have taken if he or she were then living, except that, if the deceased member of the class is a descendant of the settlor, the descendants of the deceased member then living shall take per stirpes the share or shares that the deceased member would have taken if he or she were then living.(c)  Except as provided in subsections (a) and (b), if the gift is not to a descendant of the settlor or is not to a class as provided in subsections (a) and (b) and if the beneficiary dies either before or after the settlor and before the gift is to take effect in possession or enjoyment, then the gift shall lapse. If the gift lapses by reason of the death of the beneficiary before the gift is to take effect in possession or enjoyment, then the gift so given shall be included in and pass as part of the residue of the trust under the trust. If the gift is or becomes part of the residue, the gift so bequeathed shall pass to and be taken by the beneficiaries remaining, if any, of the residue in proportions and upon trusts corresponding to their respective interests in the residue of the trust.  Subsections (a) and (b) do not apply to a future interest that is or becomes indefeasibly vested at the settlor's death or at any time thereafter before it takes effect in possession or enjoyment.  This Section applies on and after January 1, 2005 for any gifts to a deceased beneficiary under an inter vivos trust if the deceased beneficiary dies after January 1, 2005 and before the gift is to take effect in possession or enjoyment.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/115
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 1 - General Provisions and Definitions

(760 ILCS 3/115)Sec. 115. Transfer of real property to trust.  The transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/Art. 2 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 2 - Judicial Proceedings

   Article 2.  Judicial Proceedings.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/201
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 2 - Judicial Proceedings

Sec. 201. Role of court in administration of trusts.(a)  The court may adjudicate any matter arising in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.(b)  A trust is not subject to continuing judicial supervision unless ordered by the court.(c)  A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/202
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 2 - Judicial Proceedings

Sec. 202. Jurisdiction over trustee and beneficiary.(a)  By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee is subject to the jurisdiction of the courts of this State regarding any matter involving the trust.(b)  With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient personally submits to the jurisdiction of the courts of this State regarding any matter involving the trust.(c)  Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in the Code of Civil Procedure, with the same force and effect as though summons had been personally served within this State.(d)  This Section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/203
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 2 - Judicial Proceedings

Sec. 203. (Reserved).   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/204
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 2 - Judicial Proceedings

(760 ILCS 3/204)Sec. 204. Venue.(a)  Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this State in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.(b)  If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is proper in a county of this State in which a beneficiary resides, in a county in which any real or tangible trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.(c) At the election of the Attorney General, venue for a judicial proceeding involving a trust with a charitable interest is also proper in any county where the Attorney General accepts and maintains the list of registrations under the Charitable Trust Act.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/Art. 3 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

   Article 3.  Representation.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/301
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

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
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 3 - Representation

(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.)
760 ILCS 3/Art. 4 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

   Article 4.  Creation, Validity, Modification, and Termination of Trust.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/401
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

Sec. 401. Methods of creating trust. A trust may be created by:(1)  transfer of property to another person as     trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;(2)  declaration by the owner of property that the     owner holds identifiable property as trustee;(3)  exercise of a power of appointment in favor of a     trustee;(4) order of a court; or(5) exercise by an authorized fiduciary of the powers     granted in Article 12.  (Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
760 ILCS 3/402
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

Sec. 402. Requirements for creation.(a)  A trust is created only if:(1)  the settlor or other person creating the trust     has capacity to create a trust;(2)  the settlor or other person creating the trust     indicates an intention to create the trust;(3)  the trust has a definite beneficiary or is:(A)  a charitable trust;(B)  a trust for the care of an animal, as         provided in Section 408; or(C)  a trust for a noncharitable purpose, as         provided in Section 409;(4)  the trustee has duties to perform; and(5)  the same person is not the sole trustee and sole     beneficiary.(b)  A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(c)  A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.    (Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
760 ILCS 3/403
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

Sec. 403. Trusts created in other jurisdictions. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:(1)  the person creating the trust was domiciled, had     a place of abode, or was a national;(2)  a trustee was domiciled or had a place of     business; or(3)  any trust property was located.    (Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
760 ILCS 3/404
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

Sec. 404. Trust purposes. A trust may be created only to the extent its purposes are lawful and not contrary to public policy.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/405
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 4 - Creation, Validity, Modification, and Termination of Trust

Sec. 405. Charitable purposes; enforcement.(a)  A charitable trust may be created for any charitable purpose.(b)  If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary and do not delegate to the trustee or others willing to exercise the authority to select one or more charitable purposes or beneficiaries, then the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.(c)  The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.    (Source: P.A. 101-48, eff. 1-1-20.)