Trusteeship Acceptance
(IL)

Summary

This template is an acceptance of trusteeship for a successor trustee to a revocable or irrevocable trust agreement. It is suitable for use in Illinois. This template includes practical guidance, drafting notes, and an alternate clause. Use this template to memorialize the successor trustee's acceptance when the incumbent trustee (who, in the case of a revocable trust, is often the settlor of the trust) has died, resigned, or is otherwise unwilling or unable to serve. Under Illinois law, a trusteeship is accepted when: • The trustee substantially complies with a method of acceptance set forth in the trust instrument. • If no method is specified in the trust instrument or the method provided is not exclusive, the trustee accepts delivery of trust property, exercises powers or performs duties as trustee, or indicates acceptance of the trusteeship in some other way. 760 ILCS 3/701(a). 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. This template should be adapted to reflect the terms of the trust agreement. For example, if the person assuming trusteeship is not the original successor trustee named in the trust agreement, modify the template to reflect that. For more information about trusts, see Characteristics and Uses of Trusts (IL) and Revocation, Amendment, and Termination of Trusts (IL). For a template declining the trusteeship, see Trusteeship Declination (IL).