Sec. 409. Noncharitable trust without ascertainable beneficiary.

224 words·~1 min read·/il/chapter-760/act-3/409

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in Section 408 or by another statute, a trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee.

(b)The trust may not be enforced for more than 21 years. If the trust is still in existence after 21 years, the trust shall terminate. The unexpended trust property shall be distributed in the following order:

(1)as directed in the trust instrument;

(2)to the settlor, if then living;

(3)if the trust was created in a non-residuary clause in the settlor's will, then

pursuant to the residuary clause in the settlor's will;

(4)to the transferor's heirs under Section 2-1 of the Probate Act of 1975.

(c)A trust authorized by this Section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court.

(d)Property of a trust authorized by this Section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Property not required for the intended use must be distributed as provided in subsection (b).