Probate Code - PROB
DIVISION 2. GENERAL PROVISIONS [100 - 890]
( Division 2 enacted by Stats. 1990, Ch. 79. ) PART 14. POWERS OF APPOINTMENT [600 - 695]
( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) CHAPTER 4. Exercise of Powers of Appointment [625 - 662]
( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ARTICLE 3. Donee’s Required Intent [640 - 642]
( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. ) 642.
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.
(b) The will manifests an intent not to exercise a power subsequently acquired.
(Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)