DGAA bLAWg

How Is Exculpation of Trustees Addressed Under the New Illinois Trust Code?

Web Admin - Monday, December 30, 2019
Mount Prospect estate planning lawyer Illinois Trust CodeAs the new year begins, many trust owners (grantors) and trustees are familiarizing themselves with the Illinois Trust Code. As of January 1st, 2020, Illinois has adopted a new set of governing rules over trusts that will be linked to the Uniform Trust Code (UTC). This law involves many changes and updates to the rules surrounding trusts, and one area that has been affected is the modification of exculpation clauses. Moving forward, both grantors and trustees should consult a legal professional to either create, adjust, or better understand their trusts. 

What Does Exculpation of a Trustee Mean?


An exculpatory clause is a provision that can be added to a trust that would relieve a designated individual from responsibility for certain actions. Under the Illinois Trust Code, the exculpation of a trustee would relieve him or her of any liability for a breach of the trust. However, trust relieving will be unenforceable if it is determined that the exculpatory term:

- Absolves a trustee of liability that is committed with deceitful intentions or with carelessness to the purpose of the trust or the interests of the beneficiaries.
- Was inserted because of a trustee’s abuse of a legal or confidential relationship with the grantor. 

Unless the trustee can prove that the exculpatory term was justified under the current situation and that it was adequately communicated to the grantor, the term will be found invalid. For example, if a trustee purposefully acted in a way that was determined to be against the trust in an effort to benefit themselves, that trustee could be responsible for his or her actions.

What Is Changing?


Under previous Illinois law, a grantor of a trust was able to exonerate a trustee from personal liability by including an exculpatory clause into the trust. Although exculpatory clauses can still be used under the Illinois Trust Code, there is now a presumption that they will be found invalid if the trustee created or forced the clause to be added. In order to prove that an exculpatory clause is legitimate, a trust maker should be represented by a third-party counsel during the drafting of the trust.

Contact a Riverwoods Estate Planning Attorney


Due to the significant changes that have been implemented under the Illinois Trust Code, it is important for trust makers and trustees to understand the new policies. If you wish to add an exculpatory clause, or if there has been a breach in your trust, you should work with an attorney to determine your legal options. At Drost, Gilbert, Andrew & Apicella, LLC, our experienced Barrington trust lawyers can work with you to ensure your trust meets the requirements of Illinois law. For a free consultation, call our office today at 847-934-6000.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61


Recent Posts


Tags

condo Buffalo Grove personal injury attorney natural gas commercial leasing crossover accidents Barrington boating accident attorney Illinois bicycle safety rent to own real estate contracts Crystal lake insurance dispute attorney paid sick leave Super Mario Illinois real estate preventable medical errors Illinois medical malpractice claim traffic offenses Arlington Heights wills and trusts lawyer Inverness injury lawyer Illinois personal injury lawyers corporate law murder defense Whistleblower Claims Schaumburg insurance lawyers first degree murder Deer Park employment law attorney trucking accidents Inverness elder law lawyer Illinois workplace lawyer controlled substance Illinois employment attorneys Palatine personal injury lawyer IRS Schaumburg criminal law attorney personal injury attorney life insurance claims Palatine elder law attorney rollover car crashes Illinois home inspection Barrington personal injury lawyer medical malpractice compensation Crystal Lake criminal defense attorney breathalyzer test Chicago trucking accident attorney Illinois estate planning icy parking lots commercial leases Des Plaines insurance attorney operating agreements Illinois business law atorneys Arlington Heights car accident lawyer vacation home fines probate boating DUI Des Plaines injury law firm comparative negligence Barrington estate planning attorney sexual images Buffalo Grove traffic attorney estate planning trusts employee misclassification holiday statistics Schaumburg Rolling Meadows traffic attorney Illinois Rolling Meadows DUI lawyer Mt Prospect Attorney personal injury claim Barrington criminal lawyer Illinois traffic attorney Arlington Heights injury attorney GM ignition switches social media after death Barrington estate planning lawyer Crystal Lake medical malpractice lawyer Illinois medical malpractice case Crystal Lake business law attorneys startup company car crash Chicago employment attorney automated cars Buffalo Grove medical malpractice lawyers Barrington workers compensation attorney Crystal Lake will lawyer landlord BUI Inverness real estate lawyer Illinois boating accident lawyer Crystal Lake medical malpractice attorneys Illinois job attorney elder law estate planning Illinois insurance claim attorney pedestrian accidents Long Grove real estate attorney Schaumburg civil litigation attorney unauthorized overtime capital gains tax Deer Park medical malpractice attorney taxes Deer Park accident attorney Crystal Lake employment lawyer Des Plaines personal injury lawyer Rolling Meadows probate lawyer installment contracts Crystal Lake law firm personal injury Buffalo Grove car accident lawyer digital information Illinois personal injury lawyer right to work DUI defense Illinois employment law attorneys Illinois pedestrian accident attorney product liability wills life insurance foreclosed rental property Illinois employee rights attorney. Illinois Smoke Detector Act expungement surgical mistakes FSLA Rolling Meadows personal injury attorney Des Plaines real estate lawyer Buffalo Grove traffic lawyers Chicago corporate attorney head on collisions Schaumburg employment law attorneys Forcible Entry Des Plaines civil attorney Illinois car accident attorney hiring employees Arlington Heights pedestrian accidents Buffalo Grove real estate attorney Illinois medical malpractice lawyers DMV Food and Drug Administration's Food Safety Modernization Act Rolling Meadows personal injury lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago lawyer Inverness accident lawyer accidental death benefits creditors agent Illinois tax attorney suspended license Barrington attorney Inverness civil lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys institutional trustee real estate contract Illinois insurance disputes no contest clauses Schaumburg medical malpractice lawyer car accidents sole proprietorship Barrington Illinois estate planning lawyer Illinois attorney cell phone tower data pizza emoji car accident IRELA Illinois Transfer on Death Instrument Deer Park workers compensation lawyer Jay Andrew food poisoning Schaumburg estate planning lawyer Barrington litigation attorney Illinois insurance claim dispute lawyers mortgage car crashes Palatine insurance lawyer Illinois trusts attorney truck collisions college kids Rolling Meadows insurance attorney Buffalo Grove probate lawyer condo association Illinois law Chicago estate planning lawyer slip and fall consent to a search Inverness traffic law firm Illinois insurance attorney Schaumburg traffic lawyer advance healthcare directive underinsured motorist Illinois driving without license small business trucking accident lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys South Barrington real estate attorney insurance claim dispute attorney Crystal Lake medical malpractice law firm premises liability Arlington Heights car crash attorneys Palatine drug lawyer Illinois criminal defense attorney Policy Cancellation wage theft Arlington Heights personal injury lawyer drug crimes lawyer insurance claim dispute Illinois traffic ticket lawyer car accident lawyer workers compensation elder abuse defective products lawyer overtime pay pet law Barrington business law firm Rolling Meadows insurance dispute lawyers Barrington personal injury attorney whistleblower protections insurance claim denials Rolling Meadows accident lawyer criminal law Colin H. Gilbert living trust Palatine trusts lawyer Arlington Heights estate planning attorney insurance dispute Crystal Lake car accident attorney Rolling Meadows insurance dispute lawyers, insurance dispute license reinstatement Arlington Heights insurance attorney Illinois trucking safety Long Grove estate planning attorneys Des Plaines pet law attorney Arlington Heights employment attorney Rolling Meadows traffic law firm fiduciary rule pet bites insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Crystal Lake personal injury lawyer living trust benefits living wills denied insurance claim drug crime construction contracts Illinois employment lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, ACA coronavirus digital assets insurance disputes Palatine employment lawyer financial advisors Deer Park motorcycle accident lawyer modern family estate planning brain injury Illinois employment law medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Palatine probate lawyer Rolling Meadows criminal lawyer employment contract Illinois pet lawyer insurance claims Arlington Heights accident attorney denial of life insurance golf accidents contracts life insurance lawyer Illinois workers compensation attorney special needs trust Schaumburg injury lawyer Illinois employment laws car collision underfunded trust license suspension Illinois traffic accident lawyer pain and suffering employment lawyer probate fees Crystal Lake tax lawyer residential real estate Arlington Heights TBI attorney investment property Self-Directed IRA Accounts Arlington Heights medical malpractice lawyer comp time eluding a police officer Buffalo Grove employment lawyer Illinois estate planning law firm Illinois probate lawyer estate attorney internet Deer Park traffic accident attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Attorney Ken Apicella products liability Chicago car accident lawyer sexual harassment Exclusions insurance dispute attorney Schaumburg employment attorney Rolling Meadows tax attorney rest breaks employment attorney unpaid overtime Des Plaines Traffic Lawyer Arlington Heights wills and trusts lawyers Rolling Meadows Attorney Illinois wills and trusts Schaumburg personal injury lawyers filing a medical malpractice claim problem employees Palatine punch death rumble strips swimming pools Deer Park real estate law firm Arlington Heights employment law attorneys Des Plaines drug lawyer Schaumburg drug defense lawyer Arlington Heights trucking lawyer Schaumburg personal injury attorney Palatine civil attorney employee discrimination forming a corporation in Illinois Des Plaines tax law firm Des Plaines criminal attorney Long Grove estate planning attorney Crystal Lake traffic lawyer IRA trust transfer insurance adjusters civil rights violation Illinois elder law attorney guardianship attorney Illinois small business Inverness corporate attorney Illinois Workers’ Compensation Commission POA Des Plaines medical malpractice attorney murder construction accidents Illinois workplace discrimination attorney underage DUI deed transfer pedestrian injuries, pedestrian fatality wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace federal crimes reckless homicide loss of consortium Barrington civil litigation attorney deadly crashes Chicago will attorney, social media platforms, Illinois estate planning lawyer, disability benefits Rolling Meadows boating crash lawyer insurance denial appeals severance agreements Rolling Meadows real estate attorney Mount Prospect real estate lawyer field sobriety test real estate closing wrongful termination home inspection lawyer traffic violations appealing an insurance claim back injuries Illinois workers compensation lawyer Fourth of July meal breaks senior citizens Colin Gilbert probate process car crash injuries Illinois mortgages probate claims trench injuries drunk driving pregnant women DGAA Crystal Lake estate planning lawyer Des Plaines personal injury attorney ken apicella workplace sexual harassment Legal Info Rolling Meadows car accident lawyers Illinois red light cameras Palatine injury attorney health insurance dispute Schaumburg wrongful death attorney Chicago will attorney trustee Illinois Probate Act of 1975 Barrington real estate lawyer Schaumburg Attorney Rolling Meadows litigation lawyer nursing home negligence Barrington injury attorney Crystal Lake bike accident lawyer Kenilworth estate planning attorneys Illinois insurance claim dispute lawyer Illinois insurance claims lawyers marijuana crimes attorney spinal cord injuries Deer Park traffic lawyer new real estate form Barrington medical malpractice lawyers Deer Park personal injury lawyer estate planning attorney real estate attorneys Inverness insurance attorney Arlington Heights lawyer federal regulations for LLCs loopholes estate plan liens distracted driving accident victims Illinois lawyer Des Plaines Fair Labor Standards Act healthcare claims Crystal Lake pedestrian accident lawyer Palatine business attorney texting while driving mass shooting Barrington employment law firm employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, traumatic brain injury Illinois construction accident attorney drunk driving statistics Crystal Lake pet attorney Home Remodeling Repair Act traffic crimes subcontractor employee rights Home Sale Contingencies insurance claim denial TBI healthcare hit and run accident Chicago insurance law firm Arlington Heights Attorney privacy Crystal Lake injury attorney low-ball insurance settlement owner responsibility Buffalo Grove injury lawyer Illinois DUI attorney Palatine corporate attorney texting and driving drug crimes pay when paid contract speeding Palatine employment law lawyer dog bites personal injury law firm insurance denials insurance agent negligence real estate zoning Barrington employment attorney trusts Inverness real estate attorney South Barrington real estate lawyer marijuana Barrington Traffic Lawyer tax attorney BAIID employees dram shop law attorney fees traffic violations defense Do Not Resuscitate Illinois Human Rights Act Crystal Lake accident attorney Illinois traffic attorneys Affordable Care Act Arlington Heights criminal lawyer bicycle accidents compensatory time construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Palatine real estate lawyer revenge porn traffic laws irrevocable trust Buffalo Grove criminal defense lawyer drug possession probate lawyer Buffalo Grove law firm traffic deaths estate planning lawyer Rolling Meadows corporate lawyer unpaid assessment living trust vs will Transfer on Death Instrument medical malpractice wills and trusts Buffalo Grove personal injury lawyer trauma after an accident power of attorney insurance attorney insurance agents School Visitation Rights Act Schaumburg construction accident lawyer Palatine Attorney Illinois wrongful termination lawyer traumatic brain injuries insurance claim fiduciary rule delay Kenilworth estate planning lawyer DNR Illinois employment law attorney Rolling Meadows business lawyer Schaumburg corporate attorney jet ski accidents dealing with problem employees Inverness estate planning lawyer Illinois Wage Payment and Collection Act wrongful death overtime violations medical research defective products natural gas explosion Buffalo Grove corporate attorney DUI penalities Schaumburg estate planning attorney Long Grove estate planning child safety Des Plaines claims law firm Illinois jet ski accident lawyer traffic tickets personal injury accidents boating accidents Illinois LLC creation Rolling Meadows employment attorney Liquor Control Act Illinois real estate lawyer job lawyers Illinois traffic laws llinois Real Estate Lawyers Association Palatine workers compensation lawyer hands free device Schaumburg probate attorney Detainer Actions landlord tenant law Des Plaines accident attorney minimum wage Rolling Meadows employment law attorneys medical marijuana Arlington Heights Traffic Lawyer Class A misdemeanor Rolling Meadows Traffic Lawyer Des Plaines real estate attorney Federal Food Drug and Cosmetic Act boating under the influence Joliet general practice lawyers workers comp Illinois registered agent Chicago insurance claim attorneys Illinois insurance dispute lawyers FMLA work unions Inverness DUI lawyer Arlington Heights tax lawyer power of attorney for healthcare Palatine traffic accidents Illinois living will Deer Park criminal attorney Crystal Lake car accident lawyer probate claims process Family Medical Leave Act personal injury claims employment law, Illinois employment laws Des Plaines DUI attorney slip and fall accidents Retaliatory Discharge anesthesia errors Illinois rollover accident lawyers cell phone CAM Arlington Heights real estate lawyer drugs Illinois business lawyer denied insurance claims Employment Discrimination Law employment law Illinois collections attorney liability claims Palatine criminal defense lawyer Rolling Meadows medical malpractice lawyers homestead rights Illinois estate planning attorney murder charges Illinois personal injury attorney Long Grove wills and trusts attorneys estate tax Chicago traffic lawyer unfunded trust preventing accidents Barrington drug crime attorney Chicago estate planning Illinois insurance lawyer DUI life insurance policy Mount Prospect wills and trusts lawyers Schaumburg estate attorney ObamaCare spinal cord injury Palatine employment attorney Riverwoods estate planning lawyer DUI attorney fatal car accidents rollover accidents bad faith insurance claims Arlington Heights personal injury attorney auto accidents independent contractor civil litigation Illinois Trust Code Rolling Meadows employment law attorney Rolling Meadows marijuana attorney Illinois medical malpractice attorney clemency distracted driving accidents Illinois corporate lawyer caregiver Arlington Heights traffic attorney gift taxes insurance claim delay Rolling Meadows personal injury lawyers Chicago attorney Crystal Lake personal injury attorney Rolling Meadows blended families fault based insurance Schaumburg car accident attorney Illinois speeding lawyer Palatine civil litigation lawyer car accident lawyers Kenilworth estate planning attorney Rolling Meadows drug defense attorney license manufacturing Landlord Tenant Ordinance traffic accidents Schaumburg personal injury lawyer foreclosure real estate Illinois employment law firm Des Plaines personal injury lawyers bicycle dooring accidents privacy laws Illinois motorcycle accident lawyer Des Plaines drug crimes lawyer Rolling Meadows insurance lawyer Schaumburg elder law lawyer Mount Prospect elder law attorney real estate lawyer pedestrian accident LLCs workers compensation benefits Long Grove real estate lawyer bike accident jet ski criminal record IRA benefits cell phone accidents Chicago employment lawyer Thanksgiving Arlington Heights wills and trusts attorneys commercial real estate employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys civil litigation attorney license revocation Schaumburg real estate lawyer Des Plaines motorcycle accident attorney Rolling Meadows criminal attorney trust payments blood alcohol content Illinois defective products attorney caretaker rights Illinois personal injury Illinois injury lawyer Illinois Sales Representative Act in terrorem provision vacation home criminal insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys real estate attorney Crystal Lake employment attorney Crystal Lake insurance lawyer Buffalo Grove insurance claim dispute lawyers Barrington criminal defense lawyer Schaumburg criminal attorney digital evidence Palatine traffic lawyer Palatine law firm personal injury lawyer medical malpractice claims Illinois wills and trusts attorneys Barrington employment law attorney breach of contract Arlington Heights wills and trusts attorney motorcycle accident lawyer criminal defense uninsured motorist real estate leasing Rolling Meadows estate planning attorney Inverness personal injury attorney liability Illinois civil litigation lawyer motorcycle accident Crystal Lake traffic attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Palatine estate planning lawyer Palatine construction attorney business litigation involuntary manslaughter Crystal Lake civil litigation lawyer Deer Park DUI lawyer Chicago biking tips Crystal Lake employment law attorney Inverness probate lawyer changes to mortgage law insurance negligence PTSD estate planning for college students Des Plaines collections attorney Illinois will lawyer medication errors Palatine corporate law attorneys dynasty trusts driving BAC income distribution deducation pedestrian-automobile accident

Archive