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

(1)        The instrument creating the power is valid under applicable law.

(2)        Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.

(3)        The terms of the instrument creating the power manifest the donor‘s intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b)        Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.

(c)        A power of appointment may not be created in a deceased individual.

(d)       Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder. ?(2015-205, s. 3(a); 2021-53, s. 4.1.)

will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In North Carolina General Statutes 31D-2-201

  • Donor: The person who makes a gift.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  Previous section
Next section  
 Article 2 Contents