There is a newer version
of
this Section
2022 California Code
Probate Code - PROB
DIVISION 2 - GENERAL PROVISIONS
PART 14 - POWERS OF APPOINTMENT
CHAPTER 2 - Definitions; Classification of Powers of Appointment
Section 613.
Universal Citation: CA Prob Code § 613 (2022)
613. A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power. An imperative power can exist even though the powerholder has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are “discretionary.” The powerholder of a discretionary power is privileged to exercise, or not to exercise, the power as the powerholder chooses.
(Amended by Stats. 2016, Ch. 81, Sec. 3. (AB 2846) Effective January 1, 2017.)
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
