Cy pres

760 ILCS 3/413, under Creation, Validity, Modification, and Termination of Trust.

760 ILCS 3/413

(760 ILCS 3/413)

    Sec. 413. Cy pres.     (a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:

        (1) the trust does not fail, in whole or in part;

        (2) the trust property does not revert to the     settlor or the settlor's successors in interest; and         (3) the court may apply cy pres to modify or     terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.     (b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:

        (1) the trust property is to revert to the settlor     and the settlor is still living; or         (2) fewer than 21 years have elapsed since the date     of the trust's creation. (Source: P.A. 101-48, eff. 1-1-20.)