Illinois Chapter 765 Property
765 ILCS 320/ Power of Appointment Exercise Act.Code Resources
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(765 ILCS 320/0.01) (from Ch. 30, par. 176.50)
Sec. 0.01.
Short title.
This Act may be cited as the
Power of Appointment Exercise Act.
(Source: P.A. 86‑1324.)
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(765 ILCS 320/1) (from Ch. 30, par. 176.51)
Sec. 1.
Non‑testamentary powers of appointment.
This Section applies
only to powers of appointment exercisable by a non‑testamentary instrument.
(a) Capacity of holder of power. A power of appointment under a
nontestamentary instrument which is not subject to an express condition that it
may be exercised only by a holder of a greater age may be exercised by a holder
who has attained the age of 18 years.
(b) Manner of exercise of power. Unless the contrary intent is evidenced
by the terms of the instrument creating or limiting a power of appointment, a
donee of a power of appointment may (1)
make a complete appointment at one time or make several partial appointments at
different times if the power is exercisable during the donee's lifetime; (2)
make appointments of present or future interests or both; (3) make appointments
with conditions and limitations; (4) make appointments with restraints on
alienation upon the appointed interests; (5) make appointments of interests to
a trustee for the benefit of one or more objects of the power; (6) make
appointments that create in the object of the power additional powers of
appointment to permissible objects of the power of appointment pursuant to
which such powers are created; and (7) if the donee could appoint outright to
the object of a power, make appointments that create in the object of the power
additional powers of appointment and such powers of appointment may be
exercisable in favor of such persons or entities as the person creating such
power may direct, even though the objects of such powers of appointment may not
have been permissible objects of the power of appointment pursuant to which
such powers are created.
(c) Disposition of trust property subject to power. In disposing of trust
property subject to a power of appointment exercisable by an instrument other
than a will, a trustee acting in good faith shall have no liability to any
appointee or taker in default of appointment for relying upon an instrument
believed to be genuine purporting to exercise a power of appointment or for
assuming that there is no instrument exercising the power of appointment in the
absence of actual knowledge thereof within 3 months of the last date on
which the power of appointment may be exercised.
(d) Applicability. This amendatory Act of 1995 shall apply to all
general and special powers of appointment and all instruments exercising those
powers, whether revocable or irrevocable and whether existing or exercised
before, on, or after the effective date of this amendatory Act of 1995, except
that no trustee shall be liable to any person in whose favor a power of
appointment may have been exercised for any distribution of property made to
persons entitled to take in default of the effective exercise of the power of
appointment to the extent that the distribution shall have been completed prior
to the effective date of this amendatory Act of 1995.
(Source: P.A. 89‑364, eff. 8‑18‑95.)
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