A power holder of a releasable power of appointment may release the power in whole or in part as follows:

(1)        By substantial compliance with a method provided in the terms of the instrument creating the power.

(2)        If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the power holder’s intent by clear and convincing evidence. ?(2015-205, s. 3(a).)

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Terms Used In North Carolina General Statutes 31D-4-403

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.