ILCS » Chapter 740 · Act 80
Illinois Compiled Statutes

740 ILCS 80/9 (2026)

All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be utterly void and of no effect: Provided, that resulting trust or trusts created by construction, implication or operation of law, need not be in writing, and the same may be proved by parol

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(740 ILCS 80/9) (from Ch. 59, par. 9)
    Sec. 9. All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be utterly void and of no effect: Provided, that resulting trust or trusts created by construction, implication or operation of law, need not be in writing, and the same may be proved by parol.
(Source: R.S. 1874, p. 540.)

    
Notes of Decisions
Cited in 3 cases, 1996–2012 · leading case: United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012).
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United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). · cites it 2× “The supreme court reasoned that because section 9 of the Statute of Frauds (now the Frauds Act (740 ILCS 80/9 (West 2010))) exempted resulting trusts from the requirement of being in writing, resulting trusts were likewise exempt from the requirement of being recorded.”
In Re O'Malley, 252 B.R. 451 (Bankr. N.D. Ill. 1999). “740 ILCS 80/9; Kohlhaas v. Smith, 408 Ill.”
United States v. Infelise, 938 F. Supp. 1352 (N.D. Ill. 1996). “740 ILCS 80/9 (ILL. ANN.STAT. 1993). This writing requirement applies to the transfer of a beneficial interest in an Illinois land trust.”
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