§ 31D-2-204. Exception to presumption of unlimited authority.
80 words·~1 min read·
/nc/chapter-31d/31d-2-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 31D-2-204. Exception to presumption of unlimited authority.
Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if both of the following apply:
(1)The power is exercisable only at the power holder's death.
(2)The permissible appointees of the power are a defined and limited class that does not include the power holder's estate, the power holder's creditors, or the creditors of the power holder's estate. (2015-205, s. 3(a).)