ILCS » Chapter 760 · Act 20
Illinois Compiled Statutes

760 ILCS 20/18 (2026)

Liability to Third Persons

✓ current as of May 2026
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(760 ILCS 20/18) (from Ch. 110 1/2, par. 268)
    Sec. 18. Liability to Third Persons. (a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
    (b) A custodian is not personally liable:
    (1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
    (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
    (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(Source: P.A. 84-915.)

    
Notes of Decisions
Cited in 2 cases, 1998–1998 · leading case: Pope v. First of Am., N. A., 699 N.E.2d 178 (Ill. App. Ct. 1998).
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Pope v. First of Am., N. A., 699 N.E.2d 178 (Ill. App. Ct. 1998). · cites it 2× “” 760 ILCS 20/18(a) (West 1996). The language of the statute thus subjects the trust property to tort claims arising during the custodianship.”
Pope v. First of Am. (Ill. App. Ct. 1998). “" 760 ILCS 20/18 (West 1996). The language of the statute thus subjects the trust property to tort claims arising during the custodianship.”
— 760 ILCS 20/18(a) — 1 case
Pope v. First of Am., N. A., 699 N.E.2d 178 (Ill. App. Ct. 1998). “” 760 ILCS 20/18(a) (West 1996). The language of the statute thus subjects the trust property to tort claims arising during the custodianship.”
— 760 ILCS 20/18(a)(iii) — 1 case
Pope v. First of Am., N. A., 699 N.E.2d 178 (Ill. App. Ct. 1998). “” 760 ILCS 20/18(a) (West 1996). The language of the statute thus subjects the trust property to tort claims arising during the custodianship.”
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