(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 the testator unless specific reference is made to the power or there is some other indication of intent to exercise the power.

(b) This section applies in a case where the powerholder dies on or after July 1, 1982.

Terms Used In California Probate Code 641

  • 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
  • Testator: A male person who leaves a will at death.
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88

(Amended by Stats. 2016, Ch. 81, Sec. 9. (AB 2846) Effective January 1, 2017.)

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