2005 California Probate Code Sections 640-642 Article 3. Donee\'s Required IntentPROBATE CODE
640. (a) The exercise of a power of appointment requires a manifestation of the donee's intent to exercise the power. (b) A manifestation of the donee's intent to exercise a power of appointment exists in any of the following circumstances: (1) The donee declares, in substance, that the donee exercises specific powers or all the powers the donee has. (2) The donee purports to transfer an interest in the appointive property that the donee would have no power to transfer except by virtue of the power. (3) The donee makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the donee's understanding that the donee was disposing of the appointive property. (c) The circumstances described in subdivision (b) are illustrative, not exclusive. 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 donee dies on or after July 1, 1982. 642. If a power of appointment existing at the donee's death, but created after the execution of the donee'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.
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.