A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power. An imperative power can exist even though the powerholder has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are “discretionary.” The powerholder of a discretionary power is privileged to exercise, or not to exercise, the power as the powerholder chooses.
Cal. Prob. Code § 613
Definitions; Classification of Powers of Appointment
Amended by Stats. 2016, Ch. 81, Sec. 3
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.