Code of Virginia § 64.2-2707. Creation of power of appointment.
130 words·~1 min read·
/va/title-64-2/chapter-27/64-2-2707A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A power of appointment is created only if:
1. The instrument creating the power:
a. Is valid under applicable law; and
b. Except as otherwise provided in subsection B, transfers the appointive property; and
2. The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.
C. A power of appointment may not be created in a deceased individual.
D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
2016, c. 266 .