Yes, we believe that the son may access the safe deposit boxes, provided that the trust document includes generic language covering the contents of the safe deposit boxes and the son can provide a will naming the son as executor of his father’s estate. Your bank may wish to request a Certification of Trust form from the trustee to confirm that the trustee has the power over the contents of the safe deposit boxes.

If the son cannot provide a will because he needs to first open the safe deposit boxes to access his father’s will, that can be accomplished if he provides a death certificate and an “opening affidavit” under the Safety Deposit Box Opening Act. With the opening affidavit and satisfactory proof of death, the son may open the boxes and examine their contents. But in the absence of a will naming the son as executor, no contents could be removed from the box, with the exception of burial documents. If the boxes do contain the father’s will, your bank must deliver the will to the clerk of the circuit court where your customer lived prior to his death, if known, and otherwise to the clerk of the circuit court where the box is located.

For resources related to our guidance, please see:

• Safety Deposit Box Opening Act, 755 ILCS 15/1 (“The lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit pursuant to Article XXV of the Probate Act of 1975, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.”)

• 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.”)

• Safety Deposit Box Opening Act, 755 ILCS 15/1 (“Upon being furnished with satisfactory proof of death of a sole lessee or the last surviving co-lessee of a safe deposit box, the lessor shall open the box and examine the contents in the presence of a person who presents himself and furnishes an affidavit which states that (a) he is interested in the filing of the lessee’s will or in the arrangements for his burial, (b) he believes the box may contain the will or burial documents of the lessee and (c) he is an interested person within the meaning of this Act.”)

• Safety Deposit Box Opening Act, 755 ILCS 15/1 (“For purposes of this Act, the term ‘interested person’ means any person who immediately prior to the death of the lessee had the right of access to the box as a deputy, any person named as executor in a copy furnished by him of a purported will of the lessee, or the spouse, an adult descendant, parent, brother or sister of the lessee. If the affidavit states that none of the persons described above is available to be present at the opening of the box, the term ‘interested person’ also means any other person who the lessor in its sole discretion determines may have a legitimate interest in the filing of the lessee’s will or in the arrangements for his burial.”)

• Safety Deposit Box Opening Act, 755 ILCS 15/1 (“The lessor shall remove any document which appears to be a will or codicil and deliver it to the clerk of the circuit court for the county in which the lessee resided immediately prior to his or her death, if known to the lessor, otherwise to the clerk of the circuit court for the county in which the safe deposit box is located. Delivery of a will or codicil called for herein may be made by registered mail sent to the clerk of the said court. The lessor may remove any burial documents and deliver them to the interested person. No other contents may be removed pursuant to this Act.”)