If a power of appointment existing at the powerholder‘s death, but created after the execution of the powerholder’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.

Terms Used In California Probate Code 642

  • 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
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88

(b) The will manifests an intent not to exercise a power subsequently acquired.

(Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)

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