2018 Illinois Compiled Statutes
Chapter 760 - TRUSTS AND FIDUCIARIES
760 ILCS 105/ - Uniform Powers of Appointment Act.
Article 1 - General Provisions

(760 ILCS 105/Art. 1 heading)

(760 ILCS 105/101)
Sec. 101. Short title. This Act may be cited as the Uniform Powers of Appointment Act.
(Source: P.A. 100-1044, eff. 1-1-19.)

(760 ILCS 105/102)
Sec. 102. Definitions. In this Act:
(1) "Appointee" means a person to which a powerholder makes an appointment of appointive property.
(2) "Appointive property" means the property or property interest subject to a power of appointment.
(3) "Blanket-exercise clause" means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:
(A) expressly uses the words "any power" in

exercising any power of appointment the powerholder has;

(B) expressly uses the words "any property" in

appointing any property over which the powerholder has a power of appointment; or

(C) disposes of all property subject to disposition

by the powerholder.

(4) "Donor" means a person that creates a power of appointment.
(5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.
(6) "General power of appointment" means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(7) "Gift-in-default clause" means a clause identifying a taker in default of appointment.
(8) "Impermissible appointee" means a person that is not a permissible appointee.
(9) "Instrument" means a writing.
(10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.
(11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.
(12) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(13) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(14) "Powerholder" means a person in which a donor creates a power of appointment.
(15) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time. The term:
(A) includes a power of appointment exercisable only

after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:

(i) the occurrence of the specified event;
(ii) the satisfaction of the ascertainable

standard; or

(iii) the passage of the specified time; and
(B) does not include a power exercisable only at the

powerholder's death.

(16) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(17) "Specific-exercise clause" means a clause in an instrument which specifically refers to and exercises a particular power of appointment.
(18) "Taker in default of appointment" means a person that takes part or all of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.
(19) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
(Source: P.A. 100-1044, eff. 1-1-19.)

(760 ILCS 105/103)
Sec. 103. Governing law. Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
(1) the creation, revocation, or amendment of the

power is governed by the law of the donor's domicile at the relevant time; and

(2) the exercise, release, or disclaimer of the

power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.

(Source: P.A. 100-1044, eff. 1-1-19.)

(760 ILCS 105/104)
Sec. 104. Common law and principles of equity. The common law and principles of equity supplement this Act, except to the extent modified by this Act or law of this State other than this Act.
(Source: P.A. 100-1044, eff. 1-1-19.)