Illinois § 1311 Intent to exercise: determining intent from residuary clause

Illinois Statutes

§ 1311 — Intent to exercise: determining intent from residuary clause

Illinois § 1311

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 § 1311 (Intent to exercise: determining intent from residuary clause) 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. 1311 (2026).

Text

(a)In this Section:

(1)"Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(2)"Will" includes a codicil and a testamentary instrument that revises another will.

(b)A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(1)the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(2)the power is a general power exercisable in favor of the powerholder's estate;

(3)there is no gift-in-default clause or it is ineffective; and (4) the powerholder did not release the power.

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(a) In this Section: (1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (2) "Will" includes a codicil and a testamentary instrument that revises another will. (b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (1) the terms of the instrument containing the residuary clause do not manifest a contrary intent; (2) the power is a general power exercisable in favor of the powerholder's estate; (3) there is no gift-in-default clause or it is ineffective; and (4) the powerholder did not release the power.