Current through Public Act 103-1052
Section 760 ILCS 3/1311 - 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. Added by P.A. 101-0048,§ 1311, eff. 1/1/2020.