2023 Illinois Compiled Statutes › Chapter 760 - TRUSTS AND FIDUCIARIES › 760 ILCS 3/ - Illinois Trust Code. › Article 1 - General Provisions and Definitions

(760 ILCS 3/Art. 1 heading)
Article 1.  General Provisions and Definitions.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/101)
Sec. 101. Short title. This Act may be cited as the Illinois Trust Code.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/102)
Sec. 102. Scope. Except as otherwise provided, this Code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. This Code does not apply to any:
(1) land trust;
(2) voting trust;
(3) security instrument such as a trust deed or     mortgage;
(4) liquidation trust;
(5) escrow;
(6) instrument under which a nominee, custodian for     property, or paying or receiving agent is appointed;
(7) trust created by a deposit arrangement in a     banking or savings institution, commonly known as a "Totten trust" unless in the trust instrument any of the provisions of this Code are made applicable by specific reference; or
(8) Grain Indemnity Trust Account or any other trust     created under the       Grain Code.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/103)
Sec. 103. Definitions. In this Code:
(1)  "Action", with respect to an act of a trustee, includes a failure to act.
(1.5) "Appointive property" means the property or property interest subject to a power of appointment.
(2)   "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any applicable regulations.
(3)  "Beneficiary" means a person that:
(A)  has a present or future beneficial interest in a     trust, vested or contingent, assuming nonexercise of powers of appointment, excluding the right of a settlor to be reimbursed for tax obligations as provided in paragraph (3) of subsection (a) of Section 505;
(B)  in a capacity other than that of trustee, holds     a power of appointment over trust property; or
(C)  is an identified charitable organization that     will or may receive distributions under the terms of the trust. "Beneficiary" does not include a permissible appointee of power of appointment, other than the holder of a presently exercisable general power of appointment, until the power is exercised in favor of such appointee.
(4)  "Charitable interest" means an interest in a trust that:
(A)  is held by an identified charitable organization     and makes the organization a qualified beneficiary;
(B)  benefits only charitable organizations and, if     the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or
(C)  is held solely for charitable purposes and, if     the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.
(5)  "Charitable organization" means:
(A)  a person, other than an individual, organized     and operated exclusively for charitable purposes; or
(B)  a government or governmental subdivision,     agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose.
(6)  "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community.
(7)  "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose.
(8)  "Community property" means all personal property, wherever situated, that was acquired as or became, and remained, community property under the laws of another jurisdiction, and all real property situated in another jurisdiction that is community property under the laws of that jurisdiction.
(9)  "Current beneficiary" means a beneficiary that on the date the beneficiary's qualification is determined is a distributee or permissible distributee of trust income or principal.   The term "current beneficiary"  includes the holder of a presently exercisable general power of appointment but does not include a person who is a beneficiary only because the person holds any other power of appointment.
In a revocable trust, "current beneficiary" does not include a person who may receive trust assets only through the exercise of a power to make a gift on behalf of the settlor.
(10)  "Directing party" means any investment trust advisor, distribution trust advisor, or trust protector.
(11)   "Donor", with reference to a power of appointment, means a person that creates a power of appointment.
(12)  "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment.
(13)  "General power of appointment" means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(14)  "Guardian of the estate" means a person appointed by a court to administer the estate of a minor or adult individual.
(15)  "Guardian of the person" means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual.
(16)  "Incapacitated" or "incapacity" means the inability of an individual to manage property or business affairs because the individual is a minor, adjudicated incompetent, has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
is at a  location that is unknown and not reasonably ascertainable.   Without limiting the ways in which incapacity may be established, an individual is incapacitated if:
(i)   a plenary guardian has been appointed for the     individual under subsection (c) of Section 11a-12 of the Probate Act of 1975;
(ii)  a limited guardian has been appointed for the     individual under subsection (b) of Section 11a-12 of the Probate Act of 1975 and the court has found that the individual lacks testamentary capacity;  or
(iii)  the individual was examined by a licensed     physician who determined that the individual was incapacitated and the physician made a signed written record of the physician's determination within 90 days after the examination and no licensed physician subsequently made a signed written record of the physician's determination that the individual was not incapacitated within 90 days after examining the individual.
(17)   "Internal Revenue Code" means the Internal Revenue Code of 1986 as amended from time to time and includes corresponding provisions of any subsequent federal tax law.
(18)  "Interested persons" means: (A) the trustee; and (B) all beneficiaries, or their respective representatives determined after giving effect to the provisions of Article 3, whose consent or joinder would be required in order to achieve a binding settlement were the settlement to be approved by the court. "Interested persons" includes a trust advisor, investment advisor, distribution advisor, trust protector, or other holder, or committee of holders, of fiduciary or nonfiduciary powers, if the person then holds powers material to a particular question or dispute to be resolved or affected by a nonjudicial settlement in accordance with Section 111 or by a judicial proceeding.
(19)  "Interests of the beneficiaries" means the beneficial interests provided in the trust instrument.
(20)  "Jurisdiction", with respect to a geographic area, includes a State or country.
(21)  "Legal capacity" means that the person is not incapacitated.
(22)  "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.
(22.5) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.
(23)  "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(24)   "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property.  The term "power of appointment" does not include a power of attorney.
(25)  "Power of withdrawal" means a presently exercisable general power of appointment other than a power:
(A) exercisable by the powerholder as trustee that is     limited by an ascertainable standard; or
(B) exercisable by another person only upon consent     of the trustee or a person holding an adverse interest.
(26)  "Powerholder" means a person in which a donor creates a power of appointment.
(27)  "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time.  The term "presently exercisable power of appointment":
(A)  includes a power of appointment exercisable only     after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
(i)  the occurrence of the specified event;
(ii)  the satisfaction of the ascertainable         standard; or
(iii)  the passage of the specified time; and
(B)  does not include a power exercisable only at the     powerholder's death.
(28)  "Presumptive remainder beneficiary" means a beneficiary of a trust, as of the date of determination and assuming nonexercise of all powers of appointment, who either: (A) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date; or (B) would be a distributee or permissible distributee of trust income or principal if the interests of all distributees currently eligible to receive income or principal from the trust terminated on that date without causing the trust to terminate.
(29)  "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.
(30)  "Qualified beneficiary" means each current beneficiary and presumptive remainder beneficiary.
(31)  "Revocable", as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. A revocable trust is deemed revocable during the settlor's lifetime.
(32)  "Settlor", except as otherwise provided in Sections 113 and 1225, means a person, including a testator, who creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
(33)  "Sign" means, with present intent to authenticate or adopt a record:
(A)  to execute or adopt a tangible symbol; or
(B)  to attach to or logically associate with the     record an electronic symbol, sound, or process.
(34)  "Spendthrift provision" means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest.
(35)  "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.
(36)  "Terms of the trust" means:
(A) except as otherwise provided in paragraph (B),     the manifestation of the settlor's intent regarding a trust's provisions as:
(i) expressed in the trust instrument; or
(ii) established by other evidence that would be         admissible in a judicial proceeding; or
(B) the trust's provisions as established,     determined, or modified by:
(i) a trustee or other person in accordance with         applicable law;
(ii) a court order; or
(iii) a nonjudicial settlement agreement under         Section 111.
(37)  "Trust" means (A) a trust created by will, deed, agreement, declaration, or other written instrument, or (B) an oral trust under Section 407.
(38)  "Trust accounting" means one or more written communications from the trustee with respect to the accounting year that describe: (A) the trust property, liabilities, receipts, and disbursements, including the amount of the trustee's compensation; (B) the value of the trust assets on hand at the close of the accounting period, to the extent feasible; and (C) all other material facts related to the trustee's administration of the trust.
(39)  "Trust instrument" means the written instrument stating the terms of a trust, including any amendment, any court order or nonjudicial settlement agreement establishing, construing, or modifying the terms of the trust in accordance with Section 111, Sections 410 through 416, or other applicable law, and any additional trust instrument under Article 12.
(40)   "Trustee" includes an original, additional, and successor trustee, and a co-trustee.
(41)  "Unascertainable beneficiary" means a beneficiary whose identity is uncertain or not reasonably ascertainable.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
(760 ILCS 3/104)
Sec. 104. Knowledge.
(a)  Except as provided in subsection (b), a person has knowledge of a fact if the person:
(1)  has actual knowledge of it;
(2)  has received a notice or notification of it; or
(3)  from all the facts and circumstances known to     the person at the time in question, has reason to know it.
(b)  An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/105)
Sec. 105. Default and mandatory rules.
(a)  The trust instrument may specify the rights, powers, duties, limitations, and immunities applicable to the trustee, beneficiary, and others and those terms, if not otherwise contrary to law, shall control, except to the extent specifically provided otherwise in this Section. The provisions of this Code apply to the trust to the extent that they are not inconsistent with the terms of the trust.
(b)  Terms of the trust prevail over any provision of Articles 1 through 10 of this Code except:
(1)  the requirements for creating a trust;
(2)  the duty of a trustee to act in good faith;
(3)  the requirement that a trust have a purpose that     is lawful and not contrary to public policy;
(4)  the rules governing designated representatives     as provided in Section 307;
(5)  the 21-year limitation contained in subsection     (b) of Section 409;
(6)  the power of the court to modify or terminate a     trust under Sections 411 through 416;
(7)  the effect of a spendthrift provision and the     rights of certain creditors and assignees to reach a trust as provided in Article 5;
(8)  the requirement under subsection (e) of Section     602 that an agent under a power of attorney must have express authorization in the agency to exercise a settlor's powers with respect to a revocable trust;
(9)  the power of the court under subsection (b) of     Section 708 to adjust a trustee's compensation specified in the trust instrument that is unreasonably low or high;
(10)  for trusts becoming irrevocable after the     effective date of this Code, the trustee's duty under paragraph (b)(1) of Section 813.1 to provide information to the qualified beneficiaries;
(11)  for trusts becoming irrevocable after the     effective date of this Code,  the trustee's duty under paragraph (b)(2) of Section 813.1 to provide accountings to the current beneficiaries of the trust;
(12)  for trusts becoming irrevocable after the     effective date of this Code, the trustee's duty under paragraph (b)(4) of Section 813.1 to provide accountings to beneficiaries receiving a distribution of the residue of the trust upon a trust's termination;
(12.5) for trusts becoming irrevocable after the     effective date of this Code, the right of a qualified beneficiary under paragraph (6) of subsection (b) of Section 813.1 to request the portions of the trust instrument that set forth the terms of the trust in which the qualified beneficiary has an interest as a qualified beneficiary;
(13)  the effect of an exculpatory term under Section     1008;
(14)  the rights under Sections 1010 through 1013 of     a person other than a trustee or beneficiary; and
(15)  the power of the court to take such action and     exercise such jurisdiction as may be necessary in the interests of equity.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
(760 ILCS 3/106)
Sec. 106. Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement this Code, except to the extent modified by this Code or another statute of this State.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/107)
Sec. 107. Governing law.
(a)  The meaning and effect of a trust instrument are determined by:
(1)  the law of the jurisdiction designated in the     trust instrument; or
(2)  in the absence of a designation in the trust     instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.
(b)  Except as otherwise expressly provided by the trust instrument or by court order, the laws of this State govern the administration of a trust while the principal place of administration is this State.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
(760 ILCS 3/108)
Sec. 108. Principal place of administration.
(a)  Without precluding other means for establishing a sufficient connection with the designated jurisdiction, the terms of a trust designating the principal place of administration are valid and controlling if:
(1)  a trustee's principal place of business is     located in or a trustee is a resident of the designated jurisdiction; or
(2)  all or part of the administration occurs in the     designated jurisdiction.
(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b), may transfer the trust's principal place of administration to another State or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:
(1) the name of the jurisdiction to which the     principal place of administration is to be transferred;
(2) the address and telephone number at the new     location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed     transfer;
(4) the date on which the proposed transfer is     anticipated to occur; and
(5) the date, not less than 60 days after the giving     of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this Section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f)  Notwithstanding any other provision of this Code, the trustee has no duty to inform the beneficiaries, or any other interested party, about the availability of this Section and further has no duty to review the trust instrument to determine whether any action should be taken under this Section unless requested to do so by a qualified beneficiary.
(g)  In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to Section 704.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/109)
Sec. 109. Methods and waiver of notice.
(a)   Notice to a person under this Code or the sending of a document to a person under this Code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.
(b)  Notice otherwise required under this Code or a document otherwise required to be sent under this Code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c)  Notice under this Code or the sending of a document under this Code may be waived by the person to be notified or sent the document.
(d)  Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
(e)  Subject to subsection (d), receipt by a beneficiary or other person of a trustee's notice, account, or other report is presumed if the trustee has reasonable procedures in place requiring the mailing or delivery of the notice, account, or report to the beneficiary or other person.  This presumption applies to the mailing or delivery of a notice, account, or other report, including any communication required in writing, by electronic means or the provision of access to the information by electronic means so long as the beneficiary or other person has agreed to receive the information by electronic delivery or access.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/110)
Sec. 110. Others treated as qualified beneficiaries.
(a)  A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in Section 408 or 409 has the rights of a qualified beneficiary under this Code.
(b)  The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this State.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/111)
Sec. 111. Nonjudicial settlement agreements.
(a)  Interested persons, or their respective representatives determined after giving effect to Article 3, may enter into a binding nonjudicial settlement agreement with respect to any matter listed in subsection (b).
(b)  The following matters may be resolved by a nonjudicial settlement agreement:
(1)  Validity, interpretation, or construction of the     terms of the trust.
(2)       Approval of a trustee's report or     accounting.
(3)       Exercise or nonexercise of any power by a     trustee.
(4)       The grant to a trustee of any necessary or     desirable administrative power.
(5)        Questions relating to property or an     interest in property held by the trust.
(6)        Removal, appointment, or removal and     appointment of a trustee, trust advisor, investment advisor, distribution advisor, trust protector, or other holder, or committee of holders, of fiduciary or nonfiduciary powers, including without limitation designation of a plan of succession or procedure to determine successors to any such office.
(7)       Determination of a trustee's or other     fiduciary's compensation.
(8)       Transfer of a trust's principal place of     administration, including, without limitation, to change the law governing administration of the trust.
(9)        Liability or indemnification of a trustee     for an action relating to the trust.
(10)       Resolution of bona fide disputes related     to trust administration, investment, distribution, or other matters.
(11)       Modification of the terms of the trust     pertaining to the administration of the trust.
(12)       Determining whether the aggregate     interests of each beneficiary in severed trusts are substantially equivalent to the beneficiary's interests in the trusts before severance.
(13)       Termination of the trust, except that     court approval of the termination must be obtained in accordance with subsection (d), and the court must find that continuance of the trust is not necessary to achieve any clear material purpose of the trust. The court shall consider spendthrift provisions as a factor in making a decision under this subsection, but a spendthrift provision is not necessarily a material purpose of a trust, and the court is not precluded from modifying or terminating a trust because the trust instrument contains spendthrift provisions. Upon termination, the court shall order the distribution of the trust property as agreed by the parties to the agreement, or if the parties cannot agree, then as the court determines is equitable and consistent with the purposes of the trust.
(c)  If a trust contains a charitable interest, the parties to any proposed nonjudicial settlement agreement affecting the trust shall deliver to the Attorney General written notice of the proposed agreement at least 60 days before its effective date.  The Bureau is not required to take action, but if it objects in a writing delivered to one or more of the parties before the proposed effective date, the agreement shall not take effect unless the parties obtain court approval.
(d)  Any beneficiary or other interested person may request the court to approve any part or all of a nonjudicial settlement agreement, including, without limitation, whether any representation is adequate and without material conflict of interest, if the petition for approval is filed within 60 days after the effective date of the agreement.
(e)  An agreement entered into in accordance with this Section, or a judicial proceeding pursued in accordance with this Section, is final and binding on the trustee, on all beneficiaries of the trust, both current and future, and on all other interested persons as if ordered by a court with competent jurisdiction over the trust, the trust property, and all interested persons.
(f)  In the trustee's sole discretion, the trustee may, but is not required to, obtain and rely upon an opinion of counsel on any matter relevant to this Section, including, without limitation:
(1)  if required by this Section, that the agreement     proposed to be made in accordance with this Section does not conflict with a clear material purpose of the trust;
(2)  in the case of a trust termination, that     continuance of the trust is not necessary to achieve any clear material purpose of the trust;
(3)  that there is no material conflict of interest     between a representative and the person represented with respect to the particular question or dispute; and
(4)  that the representative and the person     represented have substantially similar interests with respect to the particular question or dispute.
(g)  This Section shall be construed as pertaining to the administration of a trust and shall be available to any trust that has its principal place of administration in this State, including a trust whose principal place of administration has been changed to this State, or that is governed by the law of this State for the purpose of determining the meaning and effect of terms of the trust or construction of terms of the trust, except to the extent the trust instrument expressly prohibits the use of this Section by specific reference to this Section or a prior corresponding law. A provision in the trust instrument in the form: "Neither the provisions of Section 111 of the Illinois Trust Code nor any corresponding provision of future law may be used in the administration of this trust", or a similar provision demonstrating that intent, is sufficient to preclude the use of this Section.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
(760 ILCS 3/112)
Sec. 112. Rules of construction. The rules of construction that apply in this State to the interpretation of wills and the disposition of property by will also apply as appropriate to the interpretation of the trust instrument and the disposition of the trust property.  This Code shall be liberally construed and the rule that statutes in derogation of the common law shall be strictly construed does not apply.
(Source: P.A. 101-48, eff. 1-1-20.)
(760 ILCS 3/113)
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)
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)
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.)