California Law (Last Updated: March 4, 2014) |
Probate Code - PROB |
Division 2. GENERAL PROVISIONS |
Part 14. POWERS OF APPOINTMENT |
Chapter 4. Exercise of Powers of Appointment |
ARTICLE 3. Donee’s Required Intent |
Section 642.
Latest version.
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If a power of appointment existing at the donee's death, but created after the execution of the donee's will, is exercised by the will, the appointment is effective except in either of the following cases:
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b) The will manifests an intent not to exercise a power subsequently acquired.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)