reglab/housing_qa huggingface dataset:
760 ILCS 3/1216
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1216. Change in compensation.(a)  If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation beyond the specified compensation unless:(1)  all qualified beneficiaries of the second trust     consent to the increase in a signed record; or(2)  the increase is approved by the court.(b)  If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Section 708 unless:(1)  all qualified beneficiaries of the second trust     consent to the increase in a signed record; or(2)  the increase is approved by the court.(c)  A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b).    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1217
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1217. Relief from liability and indemnification.(a)  Except as otherwise provided in this Section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.(b)  A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.(c)  A second-trust instrument may not reduce fiduciary liability in the aggregate.(d)  Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this State other than this Article.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1218
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1218. Removal or replacement of authorized fiduciary.  An authorized fiduciary may not exercise the decanting power to modify a provision in the first-trust instrument granting another person power to remove or replace the fiduciary unless:(1)  the person holding the power consents to the     modification in a signed record and the modification applies only to the person;(2)  the person holding the power and the qualified     beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or(3)  the court approves the modification and the     modification grants a substantially similar power to another person.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1220
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1220. Duration of second trust.(a)  Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust.(b)  To the extent that property of a second trust is attributable to property of the first trust, the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation applicable to property of the first trust.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1221
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1221. Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1222
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1222. Savings provision.(a)  If exercise of the decanting power would be effective under this Article except that the second-trust instrument in part does not comply with this Article, the exercise of the power is effective and the following rules apply to the principal of the first trust subject to the exercise of the power:(1)  A provision in the second-trust instrument that     is not permitted under this Article is void to the extent necessary to comply with this Article.(2)  A provision required by this Article to be in     the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this Article.(b)  If a trustee or other fiduciary of a second trust discovers that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take such appropriate corrective action as is consistent with the fiduciary's duties.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1223
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1223. Trust for care of animal.(a)  In this Section:(1)  "Animal trust" means a trust or an interest in a     trust created to provide for the care of one or more designated domestic or pet animals.(2)  "Protector" means a person described in     paragraph (3) of subsection (b) of Section 408.(b)  The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this Article as if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the decanting power.(c)  A protector for an animal has the rights under this Article of a qualified beneficiary.(d)  Notwithstanding any other provision of this Article, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1224
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1224. (Reserved).   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1225
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1225. Settlor.(a)  For purposes of the laws of this State other than this Article and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.(b)  In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, the intent of a settlor of the second trust, and the intent of the authorized fiduciary may be considered.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1226
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

Sec. 1226. Later-discovered property.(a)  Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property otherwise belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust.(b)  Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the decanting power remains part of the trust estate of the first trust.(c)  An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the decanting power.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1227
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 12 - Trust Decanting

(760 ILCS 3/1227)Sec. 1227. Obligations. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against that property when held by the second trust after exercise of the decanting power.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/Art. 13 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

   Article 13.   Uniform Powers of Appointment Law.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1301
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1301. Article title. This Article may be referred to as the Uniform Powers of Appointment Law.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1302
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1302. Definitions. In this Article:(1)  "Appointee" means a person to which a powerholder makes an appointment of appointive property.(2)  (Blank).(3)  "Blanket-exercise clause" means a clause in an instrument that 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)  "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.(5)  "Gift-in-default clause" means a clause identifying a taker in default of appointment.(6)  "Impermissible appointee" means a person that is not a permissible appointee.(7)  "Instrument" means a writing.(8)  (Blank).(9)  "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.(10)  "Specific-exercise clause" means a clause in an instrument that specifically refers to and exercises a particular power of appointment.(11)  "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.(12) "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. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
760 ILCS 3/1303
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1303. 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. 101-48, eff. 1-1-20.)
760 ILCS 3/1304
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1304. Creation of power of appointment.(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.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1305
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1305. Nontransferability. A powerholder may not transfer a power of appointment. If the powerholder dies without exercising or releasing the power, the power lapses.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1306
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1306. Presumption of unlimited authority. Subject to Section 1308, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:(1)  presently exercisable;(2)  exclusionary; and(3)  except as otherwise provided in Section 1307,     general.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1307
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1307. Exception to presumption of unlimited authority. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:(1)  the power is exercisable only at the     powerholder's death; and(2)  the permissible appointees of the power are a     defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1308
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1308. Rules of classification.(a) In this Section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.(b) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.(c)  If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1309
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1309. Power to revoke or amend. A donor may revoke or amend a power of appointment only to the extent that:(1)  the instrument creating the power is revocable     by the donor; or(2)  the donor reserves a power of revocation or     amendment in the instrument creating the power of appointment.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1310
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1310. Requisites for exercise of power of appointment.   A power of appointment is exercised only:(1)  if the instrument exercising the power is valid     under applicable law;(2)  if the terms of the instrument exercising the     power:(A)  manifest the powerholder's intent to         exercise the power; and(B)  subject to Section 1313, satisfy the         requirements of exercise, if any, imposed by the donor; and(3)  to the extent the appointment is a permissible     exercise of the power.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1311
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1311. Intent to exercise: determining intent from residuary clause.(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.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1312
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1312. Intent to exercise: after-acquired power. 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.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1313
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1313. Substantial compliance with donor-imposed formal requirement. 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.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1314
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1314. Permissible appointment.(a)  A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.(b)  A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate is restricted to appointing to those creditors.(c)  Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:(1)  make an appointment in any form, with any     conditions and limitations, including an appointment in trust to any trustee, in favor of a permissible appointee;(2)  create a general or nongeneral power in a     permissible appointee that may be exercisable in favor of persons other than permissible appointees of the original nongeneral power; or(3)  create a nongeneral power in any person to     appoint to one or more of the permissible appointees of the original nongeneral power.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1315
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1315. Appointment to deceased appointee. Subject to Section 4-11 of the Probate Act of 1975, an appointment to a deceased appointee is ineffective.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1316
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1316. Impermissible appointment.(a)  Except as otherwise provided in Section 1315, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.(b)  An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1317
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1317. Selective allocation doctrine. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1318
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1318. Capture doctrine: disposition of ineffectively appointed property under general power. To the extent a powerholder of a general power of appointment, other than a power to revoke, amend, or withdraw property from a trust, makes an ineffective appointment:(1)  the gift-in-default clause controls the     disposition of the ineffectively appointed property; or(2)  if there is no gift-in-default clause or to the     extent the clause is ineffective, the ineffectively appointed property:(A)  passes to:(i)  the powerholder if the powerholder is a             permissible appointee and living; or(ii)  if the powerholder is an impermissible             appointee or not living, the powerholder's estate if the estate is a permissible appointee; or(B)  if there is no taker under subparagraph (A),         passes under a reversionary interest to the donor or the donor's transferee or successor in interest.  (Source: P.A. 101-48, eff. 1-1-20.)