2014 New York Laws
EPT - Estates, Powers & Trusts
Article 10 - POWERS
Part 9 - (10-9.1 - 10-9.2) REVOCATION AND RELEASE OF A POWER OF APPOINTMENT
10-9.1 - Revocability of a power of appointment

NY Est Pow & Trusts L § 10-9.1 (2014) What's This?
10-9.1 Revocability of a power of appointment

(a) A power of appointment is irrevocable unless the donor reserves the right to revoke it.

(b) An exercise of power of appointment is irrevocable whenever:

(1) The donor of a special power manifests his intention that its exercise be irrevocable, or

(2) The donee does not manifest in the instrument exercising the power his intention to reserve a power of revocation.

(c) If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to reappoint, upon the exercise of the power of revocation, the donee can reappoint.

(d) An instrument exercising a power of appointment is affected by fraud in the same manner as a deed or will, executed by an owner or by a trustee of property.


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