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 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. )

640.
  

(a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power.

(b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances:

(1) The powerholder declares, in substance, that the powerholder exercises specific powers or all the powers the powerholder has.

(2) The powerholder purports to transfer an interest in the appointive property that the powerholder would have no power to transfer except by virtue of the power.

(3) The powerholder makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the powerholder’s understanding that the powerholder was disposing of the appointive property.

(c) The circumstances described in subdivision (b) are illustrative, not exclusive.

(Amended by Stats. 2016, Ch. 81, Sec. 8. (AB 2846) Effective January 1, 2017.)

641.
  

(a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to exercise the power.

(b) This section applies in a case where the powerholder dies on or after July 1, 1982.

(Amended by Stats. 2016, Ch. 81, Sec. 9. (AB 2846) Effective January 1, 2017.)

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.)

PROBProbate Code - PROB3