760 ILCS 3/1304

760 ILCS 3/1304
in effect
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(760 ILCS 3/1304) Sec. 1304. Creation of power of appointment. (a) A power of appointment is created only if: (1) the instrument creating the power: (A) is valid under applicable law; and (B) except as otherwise provided in subsection (b), transfers the appointive property; and (2) the terms of the instrument creating the power manifest the donor's intent to create, in a powerholder, a power of appointment over the appointive property exercisable in favor of a permissible appointee. (b) Subdivision (a)(1)(B) does not apply to the creation of a power of appointment by the exercise of a power of appointment. (c) A power of appointment may not be created in a deceased individual. (d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder. (Source: P.A. 101-48, eff. 1-1-20.)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026