(760 ILCS 3/1311)

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.)