Legal Question in Wills and Trusts in Illinois
State of Illinois Probate Law. Question, in a simple will under Section Two, " I give my entire estate, excluding any property which I have power of appointment, to my friend";what and who is excluded property?
2 Answers from Attorneys
Excluded property is whatever you say it is.
In the language you quote, the friend is getting everything except any property over which the decedent had a power of appointment. Most likely, that does not apply. A power of appointment is the power somebody else would have given the decedent to say what happens with that other person's property.
For example, let's say grandma created a will or trust in which she said: "I give my daughter Jane the power to designate which of my grandchildren shall inherit my Pepsi stock." That is giving Jane a "power of appointment." Now, Jane's will might say: "I give all my property, excluding any property over which I have power of appointment, to my friend, Frank." So, Jane's will is giving everything of hers to Frank, but not the power to designate who gets the Pepsi stock.
As I said, most people do not have property over which they have a power of appointment, so it probably does not apply. In any event, you should be consulting an attorney who can look at your facts more specifically and give you informed advice.