CHAPTER 4. Exercise of Powers of Appointment [625. - 662.]

Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2.

§§ 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…