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This entry was published on 2014-09-22
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SECTION 10-6.1
Exercise of a power of appointment; manifestation of intention
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 6
§ 10-6.1 Exercise of a power of appointment; manifestation of intention

of donee

(a) Subject to paragraph (b), an effective exercise of a power of
appointment does not require an express reference to such power. A power
is effectively exercised if the donee manifests his intention to
exercise it. Such a manifestation exists when the donee:

(1) Declares in substance that he is exercising all the powers he has;

(2) Sufficiently identifying the appointive property or any part
thereof, executes an instrument purporting to dispose of such property
or part;

(3) Makes a disposition which, when read with reference to the
property he owned and the circumstances existing at the time of its
making, manifests his understanding that he was disposing of the
appointive property; or

(4) Leaves a will disposing of all of his property or all of his
property of the kind covered by the power, unless the intention that the
will is not to operate as an execution of the power appears expressly or
by necessary implication.

(b) If the donor has expressly directed that no instrument shall be
effective to exercise the power unless it contains a specific reference
to the power, an instrument not containing such reference does not
validly exercise the power.