Cal. Prob. Code § 642
Donee’s Required Intent
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2017
As of January 1, 2011
If a power of appointment existing at the donee’s death, but created after the execution of the donee’s will, is exercised by the will, the appointment is effective except in either of the following cases:
If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b) The will manifests an intent not to exercise a power subsequently acquired.
(b) The will manifests an intent not to exercise a power subsequently acquired.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.