Appointment of Successor Trustee
(IL)

This template is a stand-alone appointment of a successor trustee for a revocable living trust. It may be used in Illinois. This template includes practical guidance, drafting notes, and an alternate clause. In Illinois, the appointment of a successor trustee is governed by the terms of the trust instrument and by 760 ILCS 3/704(c). See 760 ILCS 3/105 (providing that the terms of a trust prevail over most code provisions). While most trust instruments nominate one or more successor trustees or successor co-trustees, the designated persons or entities may not be able or willing to serve. Therefore, it may become necessary or appropriate to nominate one or more successor trustees or successor co-trustees. Typically, a trust instrument reserves this power to the settlor, who may use this template in lieu of an amendment to the trust. However, if the trust continues after the settlor's death, the trust instrument should authorize third parties, such as the settlor's spouse, the last acting trustee, or the beneficiaries of the trust, the power to appoint one or more successor trustees or successor co-trustees. In the event there is a vacancy in the trusteeship and no successor trustee or co-trustee designated in the trust instrument is willing to serve, 760 ILCS 3/704(c)(2) authorizes the qualified beneficiaries to appoint a successor by a majority agreement. Barring such agreement, it would be necessary to petition the court and obtain an order appointing a successor trustee or successor co-trustees. 760 Ill. Comp. Stat. 3/704(c). For more information on trusts in general, see Characteristics and Uses of Trusts (IL), Requirements and Restrictions on Trust Purposes and Administration (IL), and Revocation, Amendment, and Termination of Trusts (IL).