390.120 Intent to exercise -- Determining intent from residuary clause.

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

(1)As used in this section:

(a)"Residuary clause" does not include a residuary clause containing a blanket-

exercise clause or a specific-exercise clause; and

(b)"Will" includes a codicil and a testamentary instrument that revises another

will.

(2)A residuary clause in a powerholder's will, or a comparable clause in the

powerholder's revocable trust, manifests the powerholder's intent to exercise a

power of appointment only if:

(a)The terms of the instrument containing the residuary clause do not manifest a

contrary intent;

(b)The power is a general power exercisable in favor of the powerholder's estate;

(c)There is no gift-in-default clause or it is ineffective; and

(d)The powerholder did not release the power.