45-2-704. Power of appointment; compliance with specific reference
86 words·~1 min read·
/nm/chapter-45-uniform-probate-code/article-2-intestate-succession-and-wills/45-2-704·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
requirement.
A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
A. the powerholder knows of and intends to exercise the power; and
B. the powerholder's manner of attempted exercise does not impair a material purpose of the donor in imposing the requirement.
History: 1978 Comp., § 45-2-704, enacted by Laws 2019, ch. 221, § 2.