SB 1295 Illinois Senate · 97th Regular Session

TRUSTS-VIRTUAL REPRESENTATION

Summary
Amends the Trust and Trustees Act. Defines terms. Provides that an "unascertainable beneficiary" may be represented by and bound by another beneficiary having a substantially similar (instead of a substantially identical) interest on a particular question or dispute. Provides that if a trust beneficiary is an unrepresented minor or a disabled person, a parent of the beneficiary may represent and bind the beneficiary, provided that there is no material conflict of interest between the minor or disabled person and either of that person's parents on that particular question or dispute. Further provides that this representative may on a particular question or dispute represent and bind an unborn beneficiary or an unascertainable beneficiary who has an interest that is substantially similar to the interest of the minor or disabled person, but only if there is no material conflict of interest between the minor or the disabled person and the unborn or the unascertainable person. Makes other corresponding changes. Provides that conversion of a trust to a total return trust may be made with a trustee and all primary beneficiaries (instead of with a trustee and all beneficiaries and presumptive remaindermen beneficiaries) in accordance with other provisions of the Act. Provides that changes made apply to all trusts in existence on the effective date and to all trusts created after that date. Effective immediately.
Bill status failed 3 of 5 stages cleared
Introduction
Mar 2011
Committee Review
May 2011
Senate Passage
Mar 2011
House Passage
Governor
Introduced Mar 31, 2011 Last action Jan 8, 2013
Floor votes · Senate Mar 31, 2011

How they voted

440
Passed · 3 other
Total votes 47
Mar 31, 2011
D Democratic28
25 Yea 3
89% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
3
Committee
7
May 31, 2011
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 13, 2011
Lower · Passed
Committee Deadline Extended-Rule 9(b) May 20, 2011
lower
Apr 11, 2011
Committee
Assigned to Executive Committee
lower
Apr 5, 2011
Committee
Referred to Rules Committee
lower
Mar 31, 2011
Introduced
Arrived in House
lower
Mar 31, 2011
Senate · Passed
Senate Vote: pass (44-0-3)
senate
Mar 10, 2011
Upper · Passed
Do Pass Judiciary; 007-000-000
upper
Feb 23, 2011
Committee
Assigned to Judiciary
upper
Feb 8, 2011
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.