(a) A power of appointment is created only if all of the following are satisfied:

(1) There is a creating instrument.

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Terms Used In California Probate Code 621

  • Appointee: means the person in whose favor a power of appointment is exercised. See California Probate Code 610
  • Appointive property: means the property or interest in property that is the subject of the power of appointment. See California Probate Code 610
  • Creating instrument: means the deed, will, trust, or other writing or document that creates or reserves the power of appointment. See California Probate Code 610
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See California Probate Code 610
  • Powerholder: means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. See California Probate Code 610
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62

(2) The creating instrument is valid under applicable law.

(3) Except as provided in subdivision (b), the creating instrument transfers the appointive property.

(4) The terms of the creating instrument 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) Paragraph (3) of subdivision (a) does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(Added by Stats. 2016, Ch. 81, Sec. 4. (AB 2846) Effective January 1, 2017.)