(760 ILCS 3/1319)
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 |
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(i) the powerholder if the powerholder is a permissible appointee and living;
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(ii) if the powerholder is an impermissible appointee or not living, the
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| powerholder's estate if the estate is a permissible appointee; or
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(B) to the extent the powerholder released the power, or if there is no taker under
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| subparagraph (A), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
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(Source: P.A. 101-48, eff. 1-1-20.)
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