Ill. Comp. Stat. 760 ILCS 5/15.2
Effective January 1, 2005
Sec. 15.2. Trusts for domestic or pet animals.
(a) A trust for the care of one or more designated domestic or pet
animals is valid. The trust terminates when no living animal is covered
by the trust. A governing instrument shall be liberally construed to
bring the transfer within this Section, to presume against a merely
precatory or honorary nature of its disposition, and to carry out the
general intent of the transferor. Extrinsic evidence is admissible in
determining the transferor's intent.
(b) A trust for the care of one or more designated domestic or pet
animals is subject to the following provisions:
(1) Except as expressly provided otherwise in the instrument
creating the trust, no portion of the principal or income of the trust
may be converted to the use of the trustee or to a use other than for
the trust's purposes or for the benefit of a covered animal.
(2) Upon termination, the trustee shall transfer the
unexpended trust property in the following order:
(A) as directed in the trust
instrument;
(B) if there is no such direction in
the trust instrument and if the trust was created in a non-residuary
clause in the transferor's will, then under the residuary clause in the
transferor's will; or
(C) if no taker is produced by the
application of subparagraph (A) or (B), then to the transferor's heirs,
determined according to Section 2-1 of the Probate Act of 1975.
(3) The intended use of the principal or income may be enforced by an
individual designated for that purpose in the trust instrument or, if
none, by an individual appointed by a court having jurisdiction of the
matter and parties, upon petition to it by an individual.
(4) Except as ordered by the court or required by the trust instrument,
no filing, report, registration, periodic accounting, separate
maintenance of funds, appointment, or fee is required by reason of the
existence of the fiduciary relationship of the trustee.
(5) The court may reduce the amount of the property transferred if it
determines that the amount substantially exceeds the amount required for
the intended use. The amount of the reduction, if any, passes as
unexpended trust property under paragraph (2).
(6) If a trustee is not designated or no designated trustee is willing
and able to serve, the court shall name a trustee. The court may order
the transfer of the property to another trustee if the transfer is
necessary to ensure that the intended use is carried out, and if a
successor trustee is not designated in the trust instrument or if no
designated successor trustee agrees to serve and is able to serve. The
court may also make other orders and determinations as are advisable to
carry out the intent of the transferor and the purpose of this Section.
(7) The trust is exempt from the operation of the common law rule
against perpetuities.