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  1. what you need to know as trustee The Illinois Trust Code applies to the operation of Trusts in Illinois after January 1, 2020. This law imposes certain duties on trustees (see chart below).

  2. The ITC codifies the familiar duties of trustees, including the duty of loyalty, the duty for prudent administration, and the duty to account. Previously, these duties and their scope were a product of court decisions and treatises.

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  3. CHANGES TO LAW. The ITC introduced many new changes to the law from the old Illinois Trusts and Trustees Act. One of the most significant changes is evident in Sections 813.1 and 813.2 regarding the duty to inform and account.

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  4. Sec. 804. Prudent administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

  5. Understanding trustee duties and liabilities is critical to a successful trust. Breaches of their duties can lead to financial harm. Contact us to learn more.

  6. Aug 22, 2019 · The Code will apply to all trusts governed by Illinois law beginning on January 1, 2020. Most of the new Code is elective in that the creator of a trust (the “settlor”) can override the provisions of the Code in the trust instrument. However, certain provisions of the Code may not be overridden.

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  8. Aug 19, 2019 · The ITC includes a provision, new to Illinois, that identifies the general scope of a trustee’s authority. The ITC also expands the list of statutory powers given to a trustee, including expanding its borrowing and lending powers and permitting it to refuse certain assets.

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