760 ILCS 3/1218

Current through Public Act 103-1052
Section 760 ILCS 3/1218 - 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.

760 ILCS 3/1218

Added by P.A. 101-0048,§ 1218, eff. 1/1/2020.