Statute · California Probate Code

Cal. Prob. Code § 642 — Donee’s Required Intent

Cal. Prob. Code § 642

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
2017-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:

Citator

Cal. Prob. Code § 642 — Donee’s Required Intent is in force in the current edition of the Code, and nothing recorded condemns it.

If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’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.