California · Probate Code

PROB §674: (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the powerholder has the power to appoint to the

What this law says, in plain English

This statute addresses special powers of appointment in property law. When a permissible appointee dies before the power is exercised, the powerholder may appoint to another party unless the creating document states otherwise.

Read the full statutory text

(a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the powerholder has the power to appoint to the issue of the deceased permissible appointee, whether or not the issue was included within the description of the permissible appointees, if the deceased permissible appointee was alive at the time of the execution of the creating instrument or was born thereafter. (b) This section applies whether the special power of appointment is exercisable by inter vivos instrument, by will, or otherwise. (c) This section applies to a case where the power of appointment is exercised on or after July 1, 1982, but does not affect the validity of any exercise of a power of appointment made before July 1, 1982.

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