While you may request information on a trust's beneficiaries, a trustee may hesitate to provide it, and absent a need to obtain this information “in good faith” (such as for conducting due diligence or to comply with a specific law), you may not require this information.  In our view, a general concern that successor trustees may not be locatable at some point in the future — unrelated to any facts specific to the trust — would not be considered to be a “good faith” need justifying a demand for information about the trust's beneficiaries.

The provision in the Trust and Trustees Act that requires certification of trust forms to include eight elements of information does not reference information about beneficiaries, but it also does not prohibit such information from being requested. Keeping in mind that many trustees would choose not to reveal the identities of a trust's beneficiaries, we believe that you may request the identities and contact information of a trust's beneficiaries provided that you make it clear you are seeking this information solely for the purpose of contacting them in the event no successor trustee can be located, but that you are not requiring this information.

For resources related to our guidance, please see:

• Trust and Trustees Act, 760 ILCS 5/8.5(a) (“Instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) a statement that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust, whether the trust is amendable or unamendable, and the identity of any person holding a power to revoke or amend the trust; (6) the authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; (7) the trust's taxpayer identification number; and (8) the manner of taking title to trust property.”)

• Trust and Trustees Act, 760 ILCS 5/8.5(h) (“A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument. A person required to examine a complete copy of the trust instrument for purposes of complying with applicable federal, state, or local law, a person acting in a fiduciary capacity with respect to a trust, and the Attorney General's Charitable Trust Bureau are deemed to be acting in good faith when demanding a copy of the trust instrument.”)

• Uniform Trust Code, Official Commentary on Section 1013, pg. 185 (“To encourage compliance with this section, a person demanding a trust instrument after already being offered a certification may be liable under subsection (h) for damages if the refusal to accept the certification is determined not to have been in good faith. A person acting in good faith would include a person required to examine a complete copy of the trust instrument pursuant to due diligence standards or as required by other law. Examples of such due diligence and legal requirements include (1) in connection with transactions to be executed in the capital markets where documentary standards have been established in connection with underwriting concerns; (2) to satisfy documentary requirements established by state or local government or regulatory agency; (3) to satisfy documentary requirements established by a state or local government or regulatory agency; [SIC] and (4) where the insurance rates or premiums or other expenses of the party would be higher absent the availability of the documentation.”)