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 4. Types of Appointments [650 - 652]
  ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. )

650.
  

(a) The powerholder of a general power of appointment may make an appointment:

(1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is exercisable inter vivos.

(2) Of present or future interests or both.

(3) Subject to conditions or charges.

(4) Subject to otherwise lawful restraints on the alienation of the appointed interest.

(5) In trust.

(6) Creating a new power of appointment.

(b) The listing in subdivision (a) is illustrative, not exclusive.

(Amended by Stats. 2016, Ch. 81, Sec. 11. (AB 2846) Effective January 1, 2017.)

651.
  

Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Section 650.

(Amended by Stats. 2016, Ch. 81, Sec. 12. (AB 2846) Effective January 1, 2017.)

652.
  

(a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others.

(b) If the donor specifies either a minimum or maximum share or amount to be appointed to one or more of the permissible appointees, the exercise of the power must conform to the specification.

(Amended by Stats. 2016, Ch. 81, Sec. 13. (AB 2846) Effective January 1, 2017.)

PROBProbate Code - PROB4