Section 7-5.2. Terms of a trust account  


Latest version.
  • The  funds  in  a  trust account, which shall include any dividends or
      interest thereon, shall be trust funds subject to the following terms:
        (1) The trust can be revoked, terminated or modified by the  depositor
      during  his lifetime only by means of, and to the extent of, withdrawals
      from or charges against the trust account  made  or  authorized  by  the
      depositor  or  by a writing which specifically names the beneficiary and
      the financial institution. The writing shall be acknowledged  or  proved
      in  the  manner  required  to entitle conveyances of real property to be
      recorded, and shall be filed with the financial institution wherein  the
      account is maintained.
        (2)  A trust can be revoked, terminated or modified by the depositor's
      will only by means of, and  to  the  extent  of,  an  express  direction
      concerning  such  trust  account, which must be described in the will as
      being in trust for a named beneficiary in a named financial institution.
      Where the depositor has more than one trust  account  for  a  particular
      beneficiary in a particular financial institution, such a direction will
      affect all such accounts, unless the direction is limited to one or more
      accounts  specifically  identified  by account number in addition to the
      foregoing  requirements.  A  testamentary  revocation,  termination   or
      modification  under  this  paragraph can be effected by express words of
      revocation, termination or modification, or by a specific bequest of the
      trust account, or any part of it, to someone other than the beneficiary.
      A bequest of part of a trust  account  shall  operate  as  a  pro  tanto
      revocation to the extent of the bequest.
        (3)  If  the  depositor  survives  the  beneficiary,  the  trust shall
      terminate and title to the funds shall continue in  the  depositor  free
      and clear of the trust.
        (4)  If  the  beneficiary  survives the depositor, and the depositor's
      will contains no provision revoking, terminating or modifying the  trust
      account  under paragraph (2), the trust shall terminate and title to the
      funds shall vest in the beneficiary free and clear of the trust.
        (5) If the beneficiary survives the depositor and the depositor's will
      contains language sufficient under paragraph two  of  this  section,  to
      revoke, terminate or modify the trust, in whole or in part, that part of
      the trust which is affected shall terminate and title to the funds shall
      be subject to disposition by the depositor's will, free and clear of the
      trust.