Intent to exercise: determining intent from residuary clause

760 ILCS 3/1311, under Uniform Powers of Appointment Law.

760 ILCS 3/1311

(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.)