BlackletterCalifornia law

PART 14. POWERS OF APPOINTMENT [600. - 695.]

Part 14 added by Stats. 1992, Ch. 30, Sec. 2.

§§ 600–695 · 38 sections

  1. CHAPTER 1. General Provisions §§ 600–601 · 2 sections
    • § 600 Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment is the law…
    • § 601 If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release or exercise of the power of…
  2. CHAPTER 2. Definitions; Classification of Powers of Appointment §§ 610–613 · 4 sections
    • § 610 As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exercised. (b) “Appointive property” means the property or…
    • § 611 (a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s…
    • § 612 (a) A power of appointment is “testamentary” if it is exercisable only by a will. (b) A power of appointment is “presently exercisable” at the time in question…
    • § 613 A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder…
  3. CHAPTER 3. Creation of Powers of Appointment §§ 620–621 · 2 sections
    • § 620 A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.
    • § 621 (a) A power of appointment is created only if all of the following are satisfied: (1) There is a creating instrument. (2) The creating instrument is valid…
  4. CHAPTER 4. Exercise of Powers of Appointment §§ 625–662 · 16 sections
    1. ARTICLE 1. Donee’s Capacity § 625 · 1 section
      • § 625 (a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates. (b)…
    2. ARTICLE 2. Scope of Donee’s Authority §§ 630–635 · 6 sections
      • § 630 (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a…
      • § 631 (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court…
      • § 632 If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the…
      • § 633 (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the…
      • § 634 A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of…
      • § 635 Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.
    3. ARTICLE 3. Donee’s Required Intent §§ 640–642 · 3 sections
      • § 640 (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power. (b) A manifestation of the powerholder’s…
      • § 641 (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by…
      • § 642 If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the…
    4. ARTICLE 4. Types of Appointments §§ 650–652 · 3 sections
      • § 650 (a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several partial…
      • § 651 Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the…
      • § 652 (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to…
    5. ARTICLE 5. Contracts to Appoint; Releases §§ 660–662 · 3 sections
      • § 660 (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent…
      • § 661 (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or…
      • § 662 (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this…
  5. CHAPTER 5. Effect of Failure to Make Effective Appointment §§ 670–676 · 7 sections
    • § 670 An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to the extent that the…
    • § 671 (a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, where the powerholder dies without having exercised an…
    • § 672 (a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointment fails to appoint the property, releases the entire power,…
    • § 673 (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the powerholder is ineffective because of…
    • § 674 (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the…
    • § 675 If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive…
    • § 676 Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial…
  6. CHAPTER 6. Rights of Creditors §§ 680–684 · 5 sections
    • § 680 The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the…
    • § 681 (a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or…
    • § 682 (a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general…
    • § 683 Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of…
    • § 684 For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to…
  7. CHAPTER 7. Rule Against Perpetuities § 690 · 1 section
    • § 690 The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this…
  8. CHAPTER 8. Revocability of Creation, Exercise, or Release of Power of Appointment § 695 · 1 section
    • § 695 (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is irrevocable. (b)…