2015 North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act.
Article 2 - Creation, Revocation, and Amendment of Power of Appointment.
§ 31D-2-204 - Exception to presumption of unlimited authority.

NC Gen Stat § 31D-2-204 (2015) What's This?

31D-2-204. Exception to presumption of unlimited authority.

Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if both of the following apply:

(1) The power is exercisable only at the power holder's death.

(2) The permissible appointees of the power are a defined and limited class that does not include the power holder's estate, the power holder's creditors, or the creditors of the power holder's estate. (2015-205, s. 3(a).)


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