Sec. 413. Cy pres.
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/il/chapter-760/act-3/413A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.