We are not aware of any law that prohibits a state bank from leasing a safe deposit box to a trust, and the Illinois Trusts and Trustees Act specifically permits a trustee to enter into a safety deposit box lease. Your bank may wish to request a Certification of Trust form from the trustee to confirm that the trustee has the power to lease safe deposit boxes.

For resources related to our guidance, please see:

• Trusts and Trustees Act, 760 ILCS 5/4.06 (“The trustee has the powers specified in the Sections following this Section . . . . To enter into agreements for bank or other deposit accounts, safe deposit boxes, custodian, agency or depositary arrangements for all or any part of the trust estate . . . .”)

• Trusts 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: . . . (4) the powers of the trustee; . . .”)

• Trusts and Trustees Act, 760 ILCS 5/8.5(f) (“A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.”)