760 ILCS 3/1319: Disposition of unappointed property under released or unexercised general power.
Where this section sits in the code
- CHAPTER 760 TRUSTS AND FIDUCIARIES
- Illinois Trust Code.
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to revoke, amend, or withdraw property from a trust:
(1) the gift-in-default clause controls the disposition of the unappointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective:
(A) except as otherwise provided in subparagraph (B), the unappointed property passes to:
(i) the powerholder if the powerholder is a permissible appointee and living; or
(ii) if the powerholder is an impermissible appointee or not living, the powerholder's estate if the estate is a permissible appointee; or
(B) to the extent the powerholder released the power, or if there is no taker under subparagraph (A), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Collected 2026-09-15T04:46:44Z. Source file · JSON