In any action, whether a trust is involved or not, any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future interest, legal or equitable, whether arising by way of remainder, reversion, possibility of reverter, executory devise, upon the happening of a condition subsequent, or otherwise, in any property, real or personal, involved in such action, the court may, whenever it may deem it necessary for the proper and complete determination of such cause, appoint some competent and disinterested person as guardian ad litem of such person or persons not in being; and any judgment or order entered in such action shall be as binding and effectual for all purposes as though such person or persons were in being and were parties to such action. By such appointment, the person so appointed guardian ad litem, shall not be rendered liable to pay costs of the action; and shall be allowed a reasonable fee for the services as such guardian, to be fixed by the court.
2-501.Guardian for persons not in being.
Article II. Civil Practice · Part 5. Appointment of Guardians · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-501 lets a court appoint a guardian ad litem to stand in for people not yet in being who hold or may come to hold a future interest in property involved in a case, making any judgment binding on them as if they had been actual parties.
Full Text of 735 ILCS 5/2-501
Plain-English Summary
Some cases involve property in which people not yet in being — whether or not a trust is involved — are, or may become, entitled to a future interest: a remainder, a reversion, a possibility of reverter, an executory devise, an interest contingent on a condition subsequent, or some other future interest, legal or equitable. Whenever the court deems it necessary to reach a proper and complete determination of the case, it may appoint a competent, disinterested person as guardian ad litem to represent those not-yet-born persons.
Any judgment or order entered in the case is then just as binding and effective as if those persons had already been in being and had been actual parties to the action.
The person appointed guardian ad litem isn't made liable to pay the costs of the action by virtue of the appointment, and the court fixes a reasonable fee for the guardian's services.
Frequently Asked Questions
When can a court appoint a guardian ad litem for people not yet born?
Whenever the court deems it necessary for the proper and complete determination of a case involving property in which persons not yet in being are, or may become, entitled to a future interest — such as a remainder, reversion, possibility of reverter, or executory devise.
Does this section only apply to trust cases?
No. It applies whether or not a trust is involved in the action.
Is a judgment binding on people who weren't yet born when the case was decided?
Yes. Any judgment or order entered is as binding and effective for all purposes as though the not-yet-born persons had been in being and had been parties to the action.
Does the guardian ad litem have to pay the costs of the case?
No. The appointment doesn't make the guardian ad litem liable to pay the costs of the action.
Does the guardian ad litem get paid for the work?
Yes. The guardian is allowed a reasonable fee for the services performed, fixed by the court.
Amendment History
(Source: P.A. 82-280.)
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: guardian ad litem for unborn beneficiaries illinoisfuture interest guardian ad litem illinoisguardian ad litem appointment trust litigationguardian ad litem for persons not in being