Illinois § 1313 Substantial compliance with donor-imposed formal requirement

Illinois Statutes

§ 1313 — Substantial compliance with donor-imposed formal requirement

Illinois·Topic RIGHTS AND REMEDIES·Ch. 760 TRUSTS AND FIDUCIARIES·Act 760 ILCS 3/ Illinois Trust Code.·Art. Article 13 - Uniform Powers of Appointment Law

A powerholder's substantial compliance with a formal requirement of an appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:

(1)the powerholder knows of and intends to exercise the power; and (2) the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.

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A powerholder's substantial compliance with a formal requirement of an appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) the powerholder knows of and intends to exercise the power; and (2) the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.

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