(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;

Terms Used In Illinois Compiled Statutes 760 ILCS 3/413

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC

         (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.
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