ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/13-223 (2026)

Inter vivos trusts

✓ current as of May 2026
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(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
    Sec. 13-223. Inter vivos trusts. An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor's will which is admitted to probate, shall be commenced within and not after the time to contest the validity of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 4 cases, 2000–2014 · leading case: In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012).
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In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012). · cites it 2× “3 735 ILCS 5/13-223 (West 2008). However, as part of a larger legislative enactment, the language of section 13-223 was added to the Act verbatim and, along with some additional statutory references, became subsection (f).”
In re Est. of Feinberg, 2014 IL App (1st) 112219 (Ill. App. Ct. 2014). “755 ILCS 5/8-1(a) (West 2008); 735 ILCS 5/13-223 (West 2008) (an action to contest the validity of a trust agreement shall commence within the time to contest the validity of a will under the Probate Act).”
In re Est. of Feinberg, 2014 IL App (1st) 112219 (Ill. App. Ct. 2014). “755 ILCS 5/8-1(a) (West 2008); 735 ILCS 5/13-223 (West 2008) (an action to contest the validity of a trust agreement shall commence within the time to contest the validity of a will under the Probate Act).”
Peterson v. Wallach (Ill. App. Ct. 2000). “to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor’s will which is admitted to probate shall be commenced within and not after the time to contest the validity of a will as provided…”
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