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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 2. GENERAL PROVISIONS |
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Part 14. POWERS OF APPOINTMENT |
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Chapter 4. Exercise of Powers of Appointment |
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ARTICLE 3. Donee’s Required Intent |
Section 640.
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(a) The exercise of a power of appointment requires a manifestation of the donee's intent to exercise the power.
(b) A manifestation of the donee's intent to exercise a power of appointment exists in any of the following circumstances:
(1) The donee declares, in substance, that the donee exercises specific powers or all the powers the donee has.
(2) The donee purports to transfer an interest in the appointive property that the donee would have no power to transfer except by virtue of the power.
(3) The donee makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the donee's understanding that the donee was disposing of the appointive property.
(c) The circumstances described in subdivision (b) are illustrative, not exclusive.