Scope of Donee’s Authority
Applied in 3 court decisions — leading case 95 Cal. App. 4th 1194 - Crook v. Contreras (2002)
Most recently applied in Estate of O'Connor v. O'Connor (August 2018)
Added by Stats. 1992, Ch. 30, Sec. 2
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exercised only by complying with those requirements.
(b) Unless expressly prohibited by the creating instrument, a power stated to be exercisable by an inter vivos instrument is also exercisable by a written will.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.