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Illinois · Through at least Public Act 104-790

760 ILCS 3/1320: Disposition of unappointed property under released or unexercised nongeneral power.

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

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