Sec. 1214. Protection of charitable interests.

359 words·~2 min read·/il/chapter-760/act-3/1214

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this Section:

(1)"Determinable charitable interest" means a charitable interest that is a right to

a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and that is unconditional or that will in all events be held for charitable purposes.

(2)"Unconditional" means not subject to the occurrence of a specified event that is

not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the Internal Revenue Code on the date of the distribution if the charitable organization meets the requirement on the date of determination.

(b)If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.

(c)If a first trust contains a charitable interest, the second trusts in the aggregate may not:

(1)diminish the charitable interest;

(2)diminish the interest of an identified charitable organization that holds the

charitable interest;

(3)alter any charitable purpose stated in the first-trust instrument; or

(4)alter any condition or restriction related to the charitable interest.

(d)If there are 2 or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c).

(e)If a first trust contains a determinable charitable interest, the second trusts that include charitable interests pursuant to subsection

(c)must be administered under the law of this State unless:

(1)the Attorney General, after receiving notice under Section 1207, fails to object in

a signed record delivered to the authorized fiduciary within the notice period;

(2)the Attorney General consents in a signed record to the second trusts being

administered under the law of another jurisdiction; or

(3)the court approves the exercise of the decanting power.

(f)This Article does not limit the powers and duties of the Attorney General under Illinois law.