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Can the sole trustee of a living trust give their spouse, who is a beneficiary, signature authority on the trust account? – IBA Compliance Connection

Can the sole trustee of a living trust give their spouse, who is a beneficiary, signature authority on the trust account?

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We do not recommend allowing a trust beneficiary to have signing powers over the trust account in the situation you described, where the living trust agreement does not specifically authorize the use of an authorized signer. Further, Illinois law would prevent the trustee from delegating his power as trustee to his wife; the Trusts and Trustees Act imposes a duty on a trustee not to delegate “the performance of any acts involving the exercise of judgment and discretion, except acts constituting investment functions . . . .” 760 ILCS 5/5.1.