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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
TRUSTS AND FIDUCIARIES (760 ILCS 20/) Illinois Uniform Transfers to Minors Act. 760 ILCS 20/1
(760 ILCS 20/1) (from Ch. 110 1/2, par. 251)
Sec. 1.
Short title.
This Act shall be known and may be cited as the "Illinois
Uniform Transfers to Minors Act".
(Source: P.A. 84-915.)
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760 ILCS 20/2
(760 ILCS 20/2) (from Ch. 110 1/2, par. 252)
Sec. 2.
Definitions.
In this Act:
(1) "Adult" means an individual who has attained the age of 21 years.
(2) "Benefit plan" means any pension plan, retirement, death benefit,
deferred compensation, employment, agency, stock bonus, option or profit
sharing contract, plan, system, account, trust or individual retirement
account.
A benefit plan "obligor" means the party designated under the plan to
make distributions, otherwise the paying entity.
(3) "Beneficial interest in a land trust" and "land trust" mean the same
as "beneficial interest" and "land trust" as defined in "An Act to require
disclosure, under certification of perjury, of all beneficial interests in
real property held in a land trust, in certain cases", approved September
21, 1973, as now or hereafter amended.
(4) "Broker" means a person lawfully engaged in the business of
effecting transactions in securities or commodities for the person's own
account or for the account of another.
(5) "Court" means an Illinois circuit court.
(6) "Custodial property" means (i) any interest in property transferred
to a custodian under this Act and (ii) the income from and proceeds of that
interest in property.
(7) "Custodian" means a person designated under Section 10 or a successor or
substitute custodian designated under Section 19.
(8) "Financial Institution" means a bank, trust company, savings
institution, or credit union, chartered and supervised under state or federal law.
(9) "Governing instrument" means any judicial order or non-judicial
document creating or describing property rights.
(10) "Guardian" means a person appointed or qualified by a court to
act as general, limited or temporary guardian of a minor's property or a
person legally authorized to perform substantially the same functions.
(11) "Member of the minor's family" means the minor's parent,
stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether
of the whole or half blood or by adoption.
(12) "Minor" means an individual who has not attained the age of 21 years.
(13) "Person" means an individual, corporation,
organization, or other entity.
(13.5) "Qualified minor's trust" means any trust (including a trust created
by the
custodian) (i) of which the minor is the sole beneficiary and (ii) that
satisfies the
requirements of Section 2503(c) of the Internal Revenue Code and the
regulations
implementing that Section.
(14) "Representative" means an executor,
administrator, general, temporary or limited guardian,
successor representative, an obligor under a benefit plan or
other governing instrument
or a person legally authorized to perform substantially the same functions.
(15) "State" includes any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or possession
subject to the legislative authority of the United States.
(16) "Transfer" means a transaction that creates custodial
property under Section 10.
(17) "Transferor" means a person who makes a transfer under this Act.
(18) "Trust company" means a financial institution, corporation, or
other entity, authorized to exercise general trust powers.
(Source: P.A. 91-90, eff. 1-1-00.)
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760 ILCS 20/3
(760 ILCS 20/3) (from Ch. 110 1/2, par. 253)
Sec. 3.
Scope and Jurisdiction.
(a) This Act applies to a transfer
that refers to this Act
in the designation under Section 10(a) by which the transfer is made if at
the time of the transfer, the transferor, the minor, or the custodian is a
resident of this State or the custodial property is located in this State.
The custodianship so created remains subject to this Act despite a
subsequent change in residence of a transferor, the minor, or the
custodian, or the removal of custodial property from this State.
(b) A person designated as custodian under this Act is subject to
personal jurisdiction in this State with respect to any matter relating to
the custodianship.
(c) A transfer that purports to be made and which is valid under the
Uniform Gifts to Minors Act, or a substantially similar act, of
another state is governed by the law of the designated state and may be
executed and is enforceable in this State if at the time of the transfer,
the transferor, the minor, or the custodian is a resident of the designated
state or the custodial property is located in the designated state.
(Source: P.A. 84-915.)
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760 ILCS 20/4
(760 ILCS 20/4) (from Ch. 110 1/2, par. 254)
Sec. 4.
Nomination of Custodian.
(a) A person having the right to
designate the recipient of
property transferable upon the occurrence of a future event may revocably
nominate a custodian to receive the property for a minor beneficiary upon the
occurrence of the event by naming the custodian followed in substance by
the words: "as custodian for ........... (name of minor) under the
Illinois Uniform Transfers to Minors Act". The nomination may name
one or more persons as substitute custodians to whom the property must be
transferred, in the order named, if the first nominated custodian dies
before the transfer or is unable, declines, or is ineligible to serve. The
nomination may be made in any governing instrument including, without
limitation, a will, a trust, a deed, an instrument exercising
a power of appointment, or a writing designating a beneficiary of
contractual rights which is registered with or delivered to the payor,
issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this Section must be a person to whom a
transfer of property of that kind may be made under Section 10(a).
(c) The nomination of a custodian under this Section does not create custodial
property until the nominating instrument becomes irrevocable or a transfer
to the nominated custodian is completed under Section 10. Unless the
nomination of a custodian has been revoked, upon the occurrence of the
future event the custodianship becomes effective and the custodian shall
enforce a transfer of the custodial
property pursuant to Section 10.
(Source: P.A. 84-1129.)
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760 ILCS 20/5
(760 ILCS 20/5) (from Ch. 110 1/2, par. 255)
Sec. 5.
Transfer by Gift or Exercise of Power of Appointment.
A
person may make a transfer by irrevocable gift to, or the
irrevocable exercise of a power of appointment in favor of, a custodian for
the benefit of a minor pursuant to Section 10.
(Source: P.A. 84-915.)
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760 ILCS 20/6
(760 ILCS 20/6) (from Ch. 110 1/2, par. 256)
Sec. 6.
Authorized Transfers.
(a) A
representative, trustee or other obligor under a governing
instrument may make an
irrevocable transfer pursuant to Section 10 to a custodian for the benefit
of a minor as authorized in the governing will, trust or other
governing instrument. The authorization will be presumed unless the
transfer is expressly prohibited by or inconsistent with the provisions of
the will, trust or governing instrument.
(b) If the testator, settlor or other person has
nominated a custodian under Section 4 to
receive the custodial property, the transfer must be made to that person.
(c) If the testator, settlor or other person has not
nominated a custodian under Section
4, or all persons so nominated as custodian die before the transfer or are
unable, decline, or are ineligible to serve, the representative, trustee
or other person as the case may be, shall designate
the custodian from among the transferor, an adult member of the minor's
family or a trust company.
(Source: P.A. 84-1129.)
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760 ILCS 20/7
(760 ILCS 20/7) (from Ch. 110 1/2, par. 257)
Sec. 7.
Other Transfer by Fiduciary.
(a) Subject to subsection (c),
a representative may make an irrevocable transfer to an adult or trust company
as custodian for the benefit of a minor pursuant to Section 10, in the
absence of an
authorization to do so.
(b) Subject to subsection (c), a guardian may make an irrevocable
transfer to an adult or trust company as custodian for the benefit of
the minor pursuant to Section 10.
(c) A transfer under subsection (a) or (b) may be made only if (i) the
representative or guardian
considers the transfer to
be in the best interest of the minor and (ii) the transfer is authorized by the
court if it exceeds $10,000 in value.
(Source: P.A. 84-1129.)
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760 ILCS 20/8
(760 ILCS 20/8) (from Ch. 110 1/2, par. 258)
Sec. 8.
Transfer by Other Obligor.
(a) Subject to subsections (b) and
(c), a person not subject
to Section 5, 6 or 7 who holds property of or owes a liquidated debt to a
minor not having a guardian may make an irrevocable transfer to a
custodian for the benefit of the minor pursuant to Section 10.
(b) If a person having the right to do so under Section 4 has nominated
a custodian under that Section to receive the custodial property, the
transfer must be made to that person.
(c) If no custodian has been nominated under Section 4, or all persons
so nominated as custodian die before the transfer or are unable, decline,
or are ineligible to serve, a transfer under this Section may be made to an
adult member of the minor's family or to a trust company unless the
property exceeds $50,000 in value.
(Source: P.A. 84-1129.)
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760 ILCS 20/9
(760 ILCS 20/9) (from Ch. 110 1/2, par. 259)
Sec. 9.
Receipt for Custodial Property.
A written acknowledgment of
delivery by a custodian
constitutes a sufficient receipt and discharge for custodial property
transferred to the custodian pursuant to this Act.
(Source: P.A. 84-915.)
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760 ILCS 20/10
(760 ILCS 20/10) (from Ch. 110 1/2, par. 260)
Sec. 10.
Manner of Creating Custodial Property and Effecting
Transfer; Designation of Initial Custodian; Control. (a) Custodial
property is created and a transfer is made whenever:
(1) an uncertificated security or a certificated security in registered
form is either:
(i) registered in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: "as
custodian for .......... (name of minor) under the Illinois
Uniform Transfers to Minors Act"; or
(ii) delivered if in certificated form, or any document necessary for
the transfer of an uncertificated security is delivered, together with any
necessary endorsement to the transferor, an adult other than the
transferor or a trust
company as custodian, accompanied by an instrument in substantially the
form set forth in subsection (b);
(2) money is paid or delivered to a broker or financial institution for
credit to an account in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: "as
custodian for .......... (name of minor) under the Illinois
Uniform Transfers to Minors Act";
(3) the ownership of a life or endowment insurance policy or annuity contract
is either:
(i) registered with the issuer in the name of the transferor, an adult
other than the transferor, or a trust company, followed in substance by the
words: "as custodian for .......... (name of minor) under the Illinois Uniform
Transfers to Minors Act"; or
(ii) assigned in a writing delivered to the transferor, an adult other than the
transferor or a trust company whose name in the assignment is followed
in substance by the words: "as custodian for .......... (name of minor)
under the Illinois Uniform Transfers to Minors Act";
(4) an irrevocable exercise of a power of appointment or an irrevocable
present right to future payment under a governing instrument is the subject of a
written notification delivered to the payor, issuer, or other obligor that
the right is transferred to the transferor, an adult other than the
transferor, or a trust company, whose name in the notification is followed
in substance by the words: "as custodian for .......... (name of minor)
under the Illinois Uniform Transfers to Minors Act";
(5) real estate or an interest therein is the subject of an executed
and delivered deed, assignment or similar conveyance into the name of the
transferor, an adult other than the transferor, or a trust company,
followed in substance by the words: "as custodian for ......... (name of
minor) under the Illinois Uniform Transfers to Minors Act". Said
document, to be effective, shall also either be recorded by the transferor
or the custodian or be executed by the custodian using a statement in
substance in the following form:
"..............(name of custodian) hereby acknowledges receipt of the above
property described:.........(insert a description of the custodial property
sufficient to identify it) as custodian for the minor under the Illinois
Transfers to Minors Act.
Dated: ............. ........................ (Signature of Custodian)";
(6) a certificate of title issued by a department or agency of a state
or of the United States which evidences title to tangible personal property is either:
(i) issued in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: "as
custodian for .......... (name of minor) under the Illinois
Uniform Transfers to Minors Act"; or
(ii) delivered to the transferor, an adult other than the transferor
or a trust
company, endorsed to that person followed in substance by the words: "as
custodian for .......... (name of minor) under the Illinois
Uniform Transfers to Minors Act";
(7) the beneficial interest in a
land trust is assigned to the transferor, an adult
other than the transferor or a trust company, followed
in substance by the words:
"as custodian for ......... (name of minor) under the Illinois Uniform
Transfers to Minors Act".
The assignment and its acceptance by the custodian must be delivered to
the trustee of the land trust and an acknowledgment of receipt obtained; or
(8) an interest in any property not described in paragraphs (1) through
(7) is transferred to the transferor, an adult other than the
transferor or a trust
company by a written instrument in substantially the form set forth in subsection (b).
(b) An instrument in the following form satisfies the requirements of
paragraphs (1)(ii) and (8) of subsection (a):
"TRANSFER UNDER THE ILLINOIS
UNIFORM TRANSFERS TO MINORS ACT
I, ............... (name of transferor or name and representative
capacity if a fiduciary) hereby transfer to .......... (name of custodian),
as custodian for ......... (name of minor) under the Illinois Uniform Transfers
to Minors Act, the following: (insert a
description of the custodial property sufficient to identify it).
Dated: .......... .............................. (Signature)
.................. (name of custodian) acknowledges receipt of the property
described above as custodian for the minor named above under the Illinois
Uniform Transfers to Minors Act.
Dated: .......... ............................. (Signature of Custodian)"
(c) A transferor shall place the custodian in control of the custodial
property as soon as practicable.
(Source: P.A. 84-1129.)
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760 ILCS 20/11
(760 ILCS 20/11) (from Ch. 110 1/2, par. 261)
Sec. 11.
Single Custodianship.
A transfer may be made only for one
minor, and only one
person may be the custodian. All custodial property held under this Act by
the same custodian for the benefit of the same minor constitutes a single custodianship.
(Source: P.A. 84-915.)
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760 ILCS 20/12
(760 ILCS 20/12) (from Ch. 110 1/2, par. 262)
Sec. 12.
Validity and Effect of Transfer.
(a) The validity of a
transfer made in a manner prescribed
in this Act is not affected by:
(1) failure of the transferor to comply with Section 10(c) concerning
possession and control;
(2) designation of an ineligible custodian; or
(3) death or incapacity of a person nominated under Section 4 or
designated under Section 10 as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to Section 10 is irrevocable, and the
custodial property is indefeasibly vested in the minor, but the custodian
has all the rights, powers, duties, and authority provided in this Act, and
neither the minor nor the minor's representative has any right,
power, duty, or authority with respect to the custodial property except as
provided in this Act.
(c) By making a transfer, the transferor incorporates in the disposition
all the provisions of this Act and grants to the custodian, and to any
third person dealing with a person designated as custodian, the respective
powers, rights, and immunities provided in this Act.
(Source: P.A. 84-1129.)
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760 ILCS 20/13
(760 ILCS 20/13) (from Ch. 110 1/2, par. 263)
Sec. 13.
Care of Custodial Property.
(a) A custodian shall:
(1) take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) The custodian, notwithstanding statutes restricting investments by
fiduciaries, shall invest and reinvest the custodial property as would a
prudent person of discretion and intelligence who is seeking a reasonable
income and the preservation of his capital, including without limitation in
one or more common trust funds as defined in and from time to time
established, maintained and administered pursuant to "An Act concerning
common trust funds", approved July 29, 1943, as now or hereafter amended,
except that he may, in his discretion and without liability to the minor or
his estate, retain custodial property given to the minor in a manner
prescribed in this Act or hold money so given in an account in the
financial institution to which it was paid or delivered by the transferor.
(c) A custodian may invest in or pay premiums on life insurance or
endowment policies on (i) the life of the minor only if the minor or the
minor's estate is the sole beneficiary, or (ii) the life of another person
in whom the minor has an insurable interest only to the extent that the
minor, the minor's estate, or the custodian in the capacity of custodian,
is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and
distinct from all other property in a manner sufficient to identify it
clearly as custodial property of the minor. Custodial property consisting
of an undivided interest is so identified if the minor's interest is held as a
tenant in common and is fixed. Custodial property subject to recordation
is so identified if it is recorded, and custodial property subject to
registration is so identified if it is either registered, or held in an
account designated, in the name of the custodian, followed in substance by
the words: "as a custodian for .......... (name of minor) under the Illinois
Uniform Transfers to Minors Act".
(e) A custodian shall keep records of all transactions with respect to
custodial property, including information necessary for the preparation of
the minor's tax returns, and shall make them available for inspection at
reasonable intervals by a parent or representative of the minor or by
the minor if the minor has attained the age of 14 years.
(Source: P.A. 84-1129.)
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760 ILCS 20/14
(760 ILCS 20/14) (from Ch. 110 1/2, par. 264)
Sec. 14.
Powers of Custodian.
(a) A custodian, acting in a custodial
capacity, has all the
rights, powers, and authority over custodial property that unmarried adult
owners have over their own property, but a custodian may exercise those
rights, powers, and authority in that capacity only.
(b) This Section does not relieve a custodian from liability for breach of Section 13.
(Source: P.A. 84-915.)
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760 ILCS 20/15
(760 ILCS 20/15) (from Ch. 110 1/2, par. 265)
Sec. 15.
Use of Custodial Property.
(a) A custodian may deliver or
pay to the minor or expend
for the minor's benefit so much of the custodial property as the custodian
considers advisable for the use and benefit of the minor, without court
order and without regard to (i) the duty or ability of the custodian
personally or of any other person to support the minor, or (ii) any other
income or property of the minor which may be applicable or available for that
purpose.
(a-5) At any time, a custodian may transfer part or all of the custodial
property to
a qualified minor's trust without a court order. Such a transfer terminates
the
custodianship to the extent of the transfer.
(b) On petition of an interested person or the minor if the minor has
attained the age of 14 years, the court may order the custodian to deliver
or pay to the minor or expend for the minor's benefit so much of the
custodial property as the court considers advisable for the use and benefit of
the minor.
(c) A delivery, payment, or expenditure under this Section is in
addition to, not in substitution for, and does not affect any obligation of
a person to support the minor.
(Source: P.A. 91-90, eff. 1-1-00.)
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760 ILCS 20/16
(760 ILCS 20/16) (from Ch. 110 1/2, par. 266)
Sec. 16.
Custodian's Expenses, Compensation, and Bond.
(a) A
custodian is entitled to reimbursement from custodial
property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under Section 5, a custodian has
a noncumulative election during each calendar year to charge reasonable
compensation for services performed during that year.
(c) Except as provided in Section 19(f), a custodian need not give a bond.
(d) A custodian not compensated for his services is not liable for
losses to the custodial property unless they result from his bad faith,
intentional wrongdoing or gross negligence or from his failure to maintain
the standard of prudence in investing the custodial property provided in this Act.
(Source: P.A. 84-1129.)
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760 ILCS 20/17
(760 ILCS 20/17) (from Ch. 110 1/2, par. 267)
Sec. 17.
Exemption of Third Person from Liability.
A third person in
good faith and without court order may act
on the instructions of or otherwise deal with any person purporting to make
a transfer or purporting to act in the capacity of a custodian and, in the
absence of knowledge, is not responsible for determining:
(1) the validity of the purported custodian's designation;
(2) the propriety of, or the authority under this Act for, any act of
the purported custodian;
(3) the validity or propriety under this Act of any instrument or
instructions executed or given either by the person purporting to make a
transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor
delivered to the purported custodian.
(Source: P.A. 84-1129.)
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760 ILCS 20/18
(760 ILCS 20/18) (from Ch. 110 1/2, par. 268)
Sec. 18.
Liability to Third Persons.
(a) A claim based on (i) a
contract entered into by a
custodian acting in a custodial capacity, (ii) an obligation arising from
the ownership or control of custodial property, or (iii) a tort committed
during the custodianship, may be asserted against the custodial property by
proceeding against the custodian in the custodial capacity, whether or not
the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity unless
the custodian fails to reveal that capacity and to identify the
custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for
a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from
ownership of custodial property or for a tort committed during the
custodianship unless the minor is personally at fault.
(Source: P.A. 84-915.)
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760 ILCS 20/19
(760 ILCS 20/19) (from Ch. 110 1/2, par. 269)
Sec. 19. Renunciation, Resignation, Death, or Removal of Custodian;
Designation of Successor Custodian. (a) A person nominated under Section 4
or designated under
Section 6 or Section 10 as custodian may decline to serve by delivering a valid
disclaimer
to the person who made the nomination or designation or to the transferor
or the transferor's representative. If the event giving rise to a
transfer has not occurred and no substitute custodian able, willing, and
eligible to serve was nominated under Section 4, the person who made the
nomination or designation may nominate a substitute custodian; otherwise
the transferor or the transferor's representative shall designate a
substitute custodian at the time of the transfer in either case from among
the persons eligible to serve as custodian for that kind of property under
Section 10(a). The custodian so designated has the rights of a successor
custodian.
(b) At any time or times a transferor or his representative may
designate an adult or a trust company as successor custodian, single or
successive, by executing and dating an instrument of designation and
delivering it to the custodian or if he is deceased or is a person with a disability to his representative.
A custodian at any time when a vacancy would otherwise occur may
designate a trust company or an adult as successor custodian by executing
and dating an instrument of designation. If an instrument of designation
does not contain or
is not accompanied by the resignation of the custodian, the designation of
the successor does not take effect until the custodian resigns, dies,
becomes a person with a disability, or is removed.
If a transferor or a custodian has executed more than one instrument of
designation, the instrument dated on the earlier date shall be treated as
revoked by the instrument dated on the later date; however, a designation by a
transferor or his representative shall not be revoked by a custodian. A
successor custodian has all the powers, duties and immunities of a
custodian designated in a manner prescribed by this Act.
(c) A custodian may resign at any time by delivering written notice to
the minor if the minor has attained the age of 14 years and to the
successor custodian and by delivering the custodial property to the successor
custodian.
(d) If a custodian is ineligible, dies, or becomes a person with a disability and no
successor has been effectively designated and the minor has attained the
age of 14 years, the minor may designate as successor custodian, in the
manner prescribed in subsection (b), an adult member of the minor's family,
a guardian of the minor, or a trust company. If the minor has not
attained the age of 14 years or fails to act within 60 days after the
ineligibility, death, or incapacity, the guardian of the minor becomes
successor custodian. If the minor has no guardian or
the guardian
declines to act, the transferor, the representative of the transferor
or of the custodian, an adult member of the minor's family, or any other
interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) or resigns
under subsection (c), or the representative of a deceased custodian or a custodian with a disability, as soon as practicable, shall put the custodial
property and records in the possession and control of the successor
custodian. The successor custodian by action may enforce the obligations
to deliver custodial property and records and becomes responsible for each
item as received.
(f) A transferor, the representative of a transferor, an adult
member of the minor's family, a guardian of the person of the minor, the
guardian of the minor, or the minor if the minor has
attained the age of
14 years may petition the court to remove the custodian for cause and to
designate a successor custodian not inconsistent with an effective
designation or
to require the custodian to give appropriate bond.
(Source: P.A. 99-143, eff. 7-27-15.)
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760 ILCS 20/20
(760 ILCS 20/20) (from Ch. 110 1/2, par. 270)
Sec. 20.
Accounting by and Determination of Liability of Custodian.
(a) A minor who has attained the age of 14 years, the
minor's representative, an adult member of
the minor's family, a transferor, or a transferor's representative
may petition the court (i) for an accounting by the custodian or the
custodian's representative; or (ii) for a determination of
responsibility, as between the custodial
property and the custodian personally, for claims against the custodial
property unless the responsibility has been adjudicated in an action under
Section 18 to which the minor or the minor's representative was a party.
(b) A successor custodian may petition the court for an accounting by
the predecessor custodian.
(c) The court, in a proceeding under this Act or in any other
proceeding, may require or permit the custodian or the custodian's
representative to account.
(d) If a custodian is removed under Section 19(f), the court shall
require an accounting and order delivery of the custodial property and
records to the successor custodian and the execution of all instruments
required for transfer of the custodial property.
(Source: P.A. 84-1129.)
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760 ILCS 20/21
(760 ILCS 20/21) (from Ch. 110 1/2, par. 271)
Sec. 21.
Termination of Custodianship.
(a) The custodian shall transfer
in an appropriate manner the
custodial property (to the extent that it has not been used pursuant to
this Act) to the minor or to the minor's estate upon the earlier of:
(1) the minor's attainment of 21 years of age with respect to custodial
property transferred under Section 5 or 6;
(2) the minor's attainment of majority under the laws of this State
other than this Act
with respect to custodial property transferred under Section 7 or 8; or
(3) the minor's death.
(b) To the extent the custodial property is real property or an
interest in real property, no conveyance or delivery to the minor or to the
minor's estate is necessary to terminate the powers or rights of the
custodian upon the minor's attainment of age 21 or 18 years, as the case
may be, or upon the minor's death.
(Source: P.A. 84-1129.)
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760 ILCS 20/22
(760 ILCS 20/22) (from Ch. 110 1/2, par. 272)
Sec. 22.
Applicability.
This Act applies to a transfer within the scope of Section 3
made after its effective date if:
(1) the transfer purports to have been made under the Uniform Gifts to
Minors Act of this State; or
(2) the instrument by which the transfer purports to have been made uses
in substance the designation "as custodian under the Uniform Gifts to
Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of
any other state, and the application of this Act is necessary to validate the transfer.
(Source: P.A. 84-915.)
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760 ILCS 20/23
(760 ILCS 20/23) (from Ch. 110 1/2, par. 273)
Sec. 23.
Effect on Existing Custodianships.
(a) Any transfer of
custodial property whether or not now defined in
this Act made before the effective date of this Act is validated
notwithstanding that there was no specific authority in the Uniform Gifts
to Minors Act of this State for the coverage of custodial property
of that kind or for a transfer from that source at the time the transfer was made.
(b) This Act applies to all transfers made before the effective date of
this Act in a manner and form prescribed in the Uniform Gifts to Minors Act
of this State, except insofar as the application impairs vested rights.
(Source: P.A. 84-1129.)
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760 ILCS 20/24
(760 ILCS 20/24) (from Ch. 110 1/2, par. 274)
Sec. 24.
Uniformity of Application and Construction.
This Act shall
be applied and construed to effectuate its
general purpose to make uniform to the extent accepted by this State
the law with respect to the subject of this
Act among states enacting it.
(Source: P.A. 84-1129.)
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