reglab/housing_qa huggingface dataset:
760 ILCS 3/1319
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1319. Disposition of unappointed property under released or unexercised general power.   To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to revoke, amend, or withdraw property from a trust:(1)  the gift-in-default clause controls the     disposition of the unappointed property; or(2)  if there is no gift-in-default clause or to the     extent the clause is ineffective:(A)  except as otherwise provided in subparagraph         (B), the unappointed property 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)  to the extent the powerholder released the         power, or if there is no taker under subparagraph (A), the unappointed property 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.)
760 ILCS 3/1320
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1320. Disposition of unappointed property under released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:(1)  the gift-in-default clause controls the     disposition of the unappointed property; or(2)  if there is no gift-in-default clause or to the     extent the clause is ineffective, the unappointed property:(A)  passes to the permissible appointees if:(i)  the permissible appointees are defined             and limited; and(ii)  the terms of the instrument creating             the power do not manifest a contrary intent; 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.)
760 ILCS 3/1321
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1321. Disposition of unappointed property if partial appointment to taker in default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1322
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1322. Appointment to taker in default. If a powerholder of a general power makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised, and the appointee takes under the gift-in-default clause.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1323
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1323. Powerholder's authority to revoke or amend exercise. A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:(1)  the powerholder reserves a power of revocation     or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or(2)  the terms of the instrument creating the power     of appointment provide that the exercise is revocable or amendable.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1324
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1324. Disposition of trust property subject to power. In disposing of trust property subject to a power of appointment, whether exercisable by a will or an instrument other than a will, a trustee acting in good faith shall have no liability to any appointee or taker in default of appointment for relying upon a will, regardless of whether it was admitted to probate, or an instrument believed to be genuine purporting to exercise a power of appointment or for assuming that there is no will or instrument exercising the power of appointment in the absence of actual knowledge thereof within 3 months of the death of the powerholder, in the case of a will, or 3 months of the last date on which the power of appointment may be exercised, in the case of any other instrument. Nothing in this Section precludes a donor of a power or a trustee from requiring that a will be admitted to probate.  (Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
760 ILCS 3/1325
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1325. Disclaimer. As provided by Section 2-7 of the Probate Act of 1975:(1)  A powerholder may disclaim all or part of a     power of appointment.(2)  A permissible appointee, appointee, or taker in     default of appointment may disclaim all or part of an interest in appointive property.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1326
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1326. Authority to release. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1327
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1327. Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part:(1)  by substantial compliance with a method provided     in the terms of the instrument creating the power; or(2)  if the terms of the instrument creating the     power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the powerholder's intent by clear and convincing evidence.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1328
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1328. Revocation or amendment of release. A powerholder may revoke or amend a release of a power of appointment only to the extent that:(1)  the instrument of release is revocable by the     powerholder; or(2)  the powerholder reserves a power of revocation     or amendment in the instrument of release.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1329
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1329. Power to contract: presently exercisable power of appointment. A powerholder of a presently exercisable power of appointment may contract:(1)  not to exercise the power; or(2)  to exercise the power if the contract when made     does not confer a benefit on an impermissible appointee.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1330
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1330. Power to contract: power of appointment not presently exercisable. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:(1)  is also the donor of the power; and(2)  has reserved the power in a revocable trust.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1331
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1331. Remedy for breach of contract to appoint or not to appoint. The remedy for a powerholder's breach of a contract to appoint or not to appoint is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1332
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1332. Creditor claim: general power created by powerholder.(a)  In this Section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.(b)  Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in the Uniform Fraudulent Transfer Act.(c)  Subject to subsection (b), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.(d)  Subject to subsections (b) and (c), and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:(1)  the powerholder, to the same extent as if the     powerholder owned the appointive property, if the power is presently exercisable; and(2)  the powerholder's estate, to the extent the     estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1333
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1333. Creditor claim: general power not created by powerholder.(a)  Except as otherwise provided in subsection (b), appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:(1)  the powerholder, to the extent the powerholder's     property is insufficient, if the power is presently exercisable; and(2)  the powerholder's estate if the power is     exercised at the powerholder's death, to the extent the estate is insufficient, subject to the right of the deceased powerholder to direct the source from which liabilities are paid.(b)  Subject to subsection (c) of Section 1335, a power of appointment created by a person other than the powerholder that is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) of the Internal Revenue Code or Section 2514(c)(1) of the Internal Revenue Code, as amended, is treated for purposes of this Article as a nongeneral power.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1334
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1334. Power to withdraw.(a)  For purposes of Sections 1333 through 1336, and except as otherwise provided in subsection (b), a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.(b)  A power to withdraw property from a trust ceases to be treated as a presently exercisable general power of appointment upon its lapse, release, or waiver.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1335
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

Sec. 1335. Creditor claim: nongeneral power.(a)  Except as otherwise provided in subsections (b) and (c), appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.(b)  Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Fraudulent Transfer Act.(c)  If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this Section as a general power.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1336
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 13 - Uniform Powers of Appointment Law

(760 ILCS 3/1336)Sec. 1336. Application to existing relationships.(a)  Except as otherwise provided in this Article, on and after the effective date of this Code:(1)  this Article applies to a power of appointment     created before, on, or after its effective date;(2)  this Article applies to a judicial proceeding     concerning a power of appointment commenced on or after its effective date;(3)  this Article applies to a judicial proceeding     concerning a power of appointment commenced before its effective date unless the court finds that application of a particular provision of this Article would substantially interfere with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this Article does not apply and the superseded law applies;(4)  a rule of construction or presumption provided     in this Article applies to an instrument executed before the effective date of the Article unless there is a clear indication of a contrary intent in the terms of the instrument; and(5)  an act done before the effective date of this     Code is not affected by this Article.(b)  If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this State other than this Article before the effective date of this Code, the law continues to apply to the right.(c)  No trustee is liable to any person in whose favor a power of appointment may have been exercised for any distribution of property made to persons entitled to take in default of the effective exercise of the power of appointment to the extent that the distribution shall have been completed before the effective date of this Code.    (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/Art. 14 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

   Article 14.    Perpetuities.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1401
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

Sec. 1401. Article title. Except for Section 1407, this Article may be referred to  as the Law Concerning Perpetuities.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1402
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

Sec. 1402. Purpose. This Article modifies the common law rule of property known as the rule against perpetuities, that, except as modified by statutes in force at the effective date of this Article and by this Article, shall remain in full force and effect.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1403
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

Sec. 1403. Definitions and terms. As used in this Article unless the context otherwise requires:(a)  Any reference in this Article to income to be "paid" or to income "payments" or to "receiving" income includes income payable or distributable to or applicable for the benefit of a beneficiary.(b)  "Instrument" means any writing pursuant to which any legal or equitable interest in property or in the income therefrom is affected, disposed of, or created.(c)  "Qualified perpetual trust" means any trust created by any written instrument executed on or after January 1, 1998, including an amendment to an instrument in existence before that date and the exercise of a power of appointment granted by an instrument executed or amended on or after that date:(1)  to which, by the specific terms governing the     trust, the rule against perpetuities does not apply; and(2)  the power of the trustee (or other person to     whom the power is properly granted or delegated) to sell property of which is not limited by the trust instrument or any provision of law for any period of time beyond the period of the rule against perpetuities.   (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1406
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

Sec. 1406. Applicability. Sections 1401 through 1405 apply only to instruments, including instruments that exercise a power of appointment, that become effective after September 22, 1969.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1407
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 14 - Perpetuities

(760 ILCS 3/1407)Sec. 1407. Vesting of any limitation of property.(a)   This Section may be referred to as the Perpetuities Vesting Law.(b) The vesting of any limitation of property, whether created in the exercise of a power of appointment or in any other manner, shall not be regarded as deferred for purposes of the rule against perpetuities merely because the limitation is made to the estate of a person or to a personal representative, or to a trustee under a will, or to take effect on the probate of a will.(c) This Section applies only to limitations created after July 1, 1952.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/Art. 15 heading
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

   Article 15.   Miscellaneous Provisions.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1501
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1501. Uniformity of application and construction. In applying and construing this Code, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact comparable provisions of the Uniform Trust Code.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1502
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1502. Severability. If any provision of this Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Code which can be given effect without the invalid provision  or application, and to this end the provisions of this Code are severable.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1503
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1503. Rights retained by Attorney General. Nothing in this Code is intended to derogate any right the Attorney General has under the common law of this State to represent a charitable interest in trust. Nothing in this Code relieves a trustee of duties to file documents under, and otherwise comply with, the Charitable Trust Act or the Solicitation for Charity Act.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1504
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1504. (See Section 9999 for effective date.)  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505. The Trusts and Trustees Act is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505.1
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505.1. The Trusts and Dissolutions of Marriage Act is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505.2
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505.2. The Uniform Powers of Appointment Act is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505.3
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505.3. The Statute Concerning Perpetuities is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505.4
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505.4. The Perpetuities Vesting Act is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)
760 ILCS 3/1505.5
2021 Illinois Compiled Statutes|Chapter 760 - TRUSTS AND FIDUCIARIES|760 ILCS 3/ - Illinois Trust Code.|Article 15 - Miscellaneous Provisions

Sec. 1505.5. The Trust Accumulation Act is repealed.  (Source: P.A. 101-48, eff. 1-1-20.)