760 ILCS 3/1320: Disposition of unappointed property under released or unexercised nongeneral power.
Where this section sits in the code
- CHAPTER 760 TRUSTS AND FIDUCIARIES
- Illinois Trust Code.
To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:
(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, the unappointed property:
(A) passes to the permissible appointees if:
(i) the permissible appointees are defined and limited; and
(ii) the terms of the instrument creating the power do not manifest a contrary intent; or
(B) if there is no taker under subparagraph (A), 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