Illinois § 1304 Creation of power of appointment

Illinois Statutes

§ 1304 — Creation of power of appointment

Illinois § 1304

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 760TRUSTS AND FIDUCIARIES

Act 760 ILCS 3/Illinois Trust Code.

Art.Article 13 - Uniform Powers of Appointment Law

This text of Illinois § 1304 (Creation of power of appointment) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

760 Ill. Comp. Stat. 1304 (2026).

Text

(a)A power of appointment is created only if:

(1)the instrument creating the power:

(A)is valid under applicable law; and (B) except as otherwise provided in subsection (b), transfers the appointive property; and (2) the terms of the instrument creating the power manifest the donor's intent to create, in a powerholder, a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b)Subdivision (a)(1)(B) does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(c)A power of appointment may not be created in a deceased individual.

(d)Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

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(a) A power of appointment is created only if: (1) the instrument creating the power: (A) is valid under applicable law; and (B) except as otherwise provided in subsection (b), transfers the appointive property; and (2) the terms of the instrument creating the power manifest the donor's intent to create, in a powerholder, a power of appointment over the appointive property exercisable in favor of a permissible appointee. (b) Subdivision (a)(1)(B) does not apply to the creation of a power of appointment by the exercise of a power of appointment. (c) A power of appointment may not be created in a deceased individual. (d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.