ILCS » Chapter 760 · Act 3
Illinois Compiled Statutes

760 ILCS 3/1004 (2026)

Attorney's fees and costs

✓ current as of May 2026
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(760 ILCS 3/1004)
    Sec. 1004. Attorney's fees and costs. In a judicial proceeding involving the administration of a trust, the court, as equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
(Source: P.A. 101-48, eff. 1-1-20.)

    
Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2023–2025 · leading case: Burgauer v. Premier Trust, Inc. (M.D. Fla. 2025).
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Burgauer v. Premier Trust, Inc. (M.D. Fla. 2025). · cites it 2× “Defendant filed a response labeled as a “Limited Opposition,” stating that it does not oppose a dismissal with prejudice of Plaintiff’s claims asserted against it, but only if the dismissal is conditioned upon Defendant seeking an award of attorney’s fees and costs pursuant to…”
Krol v. Davis, 2023 IL App (1st) 221084-U (Ill. App. Ct. 2023). “Plaintiff also relies upon one provision from the Illinois Trust Code, 760 ILCS 3/1004 (West 2020), which states that in judicial proceedings involving a trust, the trial court, “as equity may require, may award costs and expenses, including reasonable attorney’s fees, to any…”
Shriners Hosp. for Child. v. Ruggiero, 2024 IL App (1st) 232316-U (Ill. App. Ct. 2024). “They argue that the trial court was initially correct when it stated that, as a remedy imposed upon the entry of summary judgment, the plaintiffs were entitled to an award of “100 percent” of their attorney fees and costs under section 1004 of the Trust Code (760 ILCS 3/1004…”
Stallard v. U.S. Nat'l Bank Ass'n, 2025 IL App (3d) 240585-U (Ill. App. Ct. 2025). “1, 2018) and legal costs and fees pursuant to section 1004 of the Trust Code (760 ILCS 3/1004 (West 2022)). ¶ 21 In response, petitioners characterized the determinative issue as being whether the marital trust remained in existence when Betty died, which they argued was a…”
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