45-2-608. Exercise of power of appointment.
120 words·~1 min read·
/nm/chapter-45-uniform-probate-code/article-2-intestate-succession-and-wills/45-2-608·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to the power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if:
A. the power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or
B. the testator's will manifests an intention to include the property subject to the power.
History: 1978 Comp., § 45-2-608, as enacted by Laws 2019, ch. 221, § 1.