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Illinois · Through at least Public Act 104-790

760 ILCS 3/1218: Removal or replacement of authorized fiduciary.

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Where this section sits in the code
  1. CHAPTER 760 TRUSTS AND FIDUCIARIES
  2. Illinois Trust Code.

An authorized fiduciary may not exercise the decanting power to modify a provision in the first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) the court approves the modification and the modification grants a substantially similar power to another person.

Collected 2026-09-15T04:46:44Z. Source file · JSON

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