1. As used in this section, “adverse party” means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder’s exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate.

2. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.

Terms Used In Missouri Laws 456.1005

  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Property: includes real and personal property. See Missouri Laws 1.020

3. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.