Cal. Prob. Code § 640
Donee’s Required Intent
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2017
As of January 1, 2011
(a) The exercise of a power of appointment requires a manifestation of the donee’s intent to exercise the power.
(a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power.
(b) A manifestation of the donee’s intent to exercise a power of appointment exists in any of the following circumstances: (1) The donee declares, in substance, that the donee exercises specific powers or all the powers the donee has. (2) The donee purports to transfer an interest in the appointive property that the donee would have no power to transfer except by virtue of the power. (3) The donee makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the donee’s understanding that the donee was disposing of the appointive property.
(b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances: (1) The powerholder declares, in substance, that the powerholder exercises specific powers or all the powers the powerholder has. (2) The powerholder purports to transfer an interest in the appointive property that the powerholder would have no power to transfer except by virtue of the power. (3) The powerholder makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the powerholder’s understanding that the powerholder was disposing of the appointive property.
(c) The circumstances described in subdivision (b) are illustrative, not exclusive.
(c) The circumstances described in subdivision (b) are illustrative, not exclusive.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.