(760 ILCS 3/1318)
Capture doctrine: disposition of ineffectively appointed property under general power.
To the extent a powerholder of a general power of appointment, other than a power to revoke, amend, or withdraw property from a trust, makes an ineffective appointment:
(1) the gift-in-default clause controls the
disposition of the ineffectively appointed property; or
(2) if there is no gift-in-default clause or to the
extent the clause is ineffective, the ineffectively appointed property:
(A) passes to:
(i) the powerholder if the powerholder is a
permissible appointee and living; or
(ii) if the powerholder is an impermissible
appointee or not living, the powerholder's estate if the estate is a permissible appointee; or
(B) if there is no taker under subparagraph (A),
passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
(Source: P.A. 101-48, eff. 1-1-20