An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor's will which is admitted to probate, shall be commenced within and not after the time to contest the validity of a will as provided in the Probate Act of 1975 as amended.
13-223.Inter vivos trusts.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA challenge to a revocable living trust that receives a legacy under a settlor's probated will must be filed within the same deadline that applies to contesting the will itself.
Full Text of 735 ILCS 5/13-223
Plain-English Summary
This section ties the deadline for challenging certain living trusts to the deadline for challenging wills. When a revocable inter vivos trust agreement or declaration of trust is provided a legacy by the settlor's will, and that will is admitted to probate, an action to set aside or contest the validity of the trust must be commenced within the same time allowed to contest the validity of a will under the Probate Act of 1975.
By borrowing the will-contest deadline rather than setting an independent one, the section keeps a linked trust and will on the same litigation timeline, so a challenge to one doesn't outlast the window for challenging the other.
Frequently Asked Questions
What is the deadline to contest a living trust in Illinois?
The same time allowed to contest the validity of a will, as set by the Probate Act of 1975.
Does this section apply to every revocable trust?
No. It applies to a trust to which a legacy is provided by the settlor's will, where that will is admitted to probate.
Why does the trust-contest deadline match the will-contest deadline?
Because the trust and the probated will are linked through the legacy, this section ties the two challenges to the same timeline.
Does this section set its own fixed number of years?
No. It incorporates whatever deadline the Probate Act of 1975 sets for contesting a will.
What kind of claim does this section cover?
An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois statute of limitations contesting a living trustchallenging a revocable trust illinois deadlineillinois inter vivos trust contest time limitwill contest deadline illinois trust