California · Probate Code
PROB §16606: (a) This chapter does not apply to any of the following: (1) A power of appointment.
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(a) This chapter does not apply to any of the following: (1) A power of appointment. (2) The power to appoint or remove a trustee or trust director. (3) The power of a settlor over a trust, to the extent the settlor has a power to revoke the trust. (4) The power of a beneficiary over a trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary. (5) The power over a trust if both of the following apply: (A) The terms of the trust provide that the power is held in a nonfiduciary capacity. (B) The power is required to be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder. (b) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
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