Illinois § 1312 Intent to exercise: after-acquired power

Illinois Statutes

§ 1312 — Intent to exercise: after-acquired power

Illinois § 1312

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 § 1312 (Intent to exercise: after-acquired power) 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. 1312 (2026).

Text

Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:

(1)except as otherwise provided in paragraph (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and (2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or it is ineffective.

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Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) except as otherwise provided in paragraph (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and (2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or it is ineffective.