California Probate Code 625 – (a) A power of appointment can be exercised only by a …
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(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) Unless the creating instrument otherwise provides, a powerholder who is a minor may not exercise a power of appointment during minority.
Terms Used In California Probate Code 625
- 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
- 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
(Amended by Stats. 2016, Ch. 81, Sec. 5. (AB 2846) Effective January 1, 2017.)