Illinois Compiled Statutes
755 ILCS 5/4-4 (2026)
Testamentary additions to trusts
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(755 ILCS 5/4-4)
(from Ch. 110 1/2, par. 4-4)
Sec. 4-4.
Testamentary additions to trusts.) By a will signed and
attested as provided in this Act a testator may bequeath or
appoint real and personal estate to a trustee of a trust evidenced by an
instrument, including the will of another who predeceases the
testator, which is in existence when the testator's will is
made and which is identified in
the testator's will, even though the trust is subject to amendment,
modification,
revocation or termination. Unless the testator's will provides otherwise, the
estate so bequeathed or appointed shall be governed by the terms
and provisions of
the instrument creating the trust, including any amendments or
modifications in writing made at any time before or after the execution
of the testator's will and before, or after if the testator's
will so directs, the death of the testator.
The existence, size or character of the corpus of the trust is immaterial
to the validity of the bequest. If the trust is terminated prior
to the testator's death by revocation of the trust or by revocation
of that portion of the instrument creating the trust, the bequest
or appointment shall take effect according to the terms and provisions
of the instrument creating the trust as they existed at the time of
the termination, unless the testator's will otherwise provides.
(Source: P.A. 80-759.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2007–2023 · leading case: In re Est. of Pryor, 2023 IL App (3d) 220004-U.
In re Est. of Pryor, 2023 IL App (3d) 220004-U. “Respondent, Michael Pryor, urged that section 4-4 of the Probate Act of 1975 (755 ILCS 5/4-4 (West 2008)) does not require republication of a will each time a trust referenced therein is amended and, rather, expressly allows for wills to bequeath estate assets to a trust, even…”
In re Est. of Phelan, No. 1-06-0820 Rel (Ill. App. Ct. 1st Dist. Aug. 6, 2007). “Alternatively, relying on section 4-4 of the Probate Act of 1975 (755 ILCS 5/4-4 (West 2002)), the defendants argue that the incorporation of the Revocable Trust into the will was not necessary to create a valid inter vivos trust.”
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