Code Section Group

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 3. Creation of Powers of Appointment [620 - 621]
  ( Chapter 3 added by Stats. 1992, Ch. 30, Sec. 2. )

620.
  

A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.

(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)

621.
  

(a) A power of appointment is created only if all of the following are satisfied:

(1) There is a creating instrument.

(2) The creating instrument is valid under applicable law.

(3) Except as provided in subdivision (b), the creating instrument transfers the appointive property.

(4) The terms of the creating instrument manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b) Paragraph (3) of subdivision (a) does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(Added by Stats. 2016, Ch. 81, Sec. 4. (AB 2846) Effective January 1, 2017.)

PROBProbate Code - PROB