A power holder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the power holder both:

(1)        Is also the donor of the power.

(2)        Has reserved the power in a revocable trust. ?(2015-205, s. 3(a).)

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-4-406

  • Contract: A legal written agreement that becomes binding when signed.
  • Donor: The person who makes a gift.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).