Sec. 8. If a trust creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the settlor's intention, in requiring that the grantee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.
Ind. Code § 30-4-1-8
Effect of requirement of exercising power of appointment by reference
Applied in 1 court decision — leading case Goodwine v. Goodwine (2004)
Most recently applied in Goodwine v. Goodwine (November 2004)
As added by P.L.252-2001, SEC.30.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.