Mo. Rev. Stat. § 456.1020

Intent to exercise — determining intent from residuary clause

Known as the Missouri Uniform Powers of Appointment Act

The act spans §§ 456–456 (57 sections).

Effective: 28 Aug 2016; (L. 2016 H.B. 1765)

1. As used in this section:

(1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and

(2) "Will" includes a codicil and a testamentary instrument that revises another will.

2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:

(1) The power is a general power exercisable in favor of the powerholder's estate;

(2) There is no gift-in-default clause or the clause is ineffective; and

(3) The powerholder did not release the power.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.