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Effective Jan 1, 2017Added by Stats. 2016, Ch. 81, Sec. 4. (AB 2846) Effective January 1, 2017.
(a) A power of appointment is created only if all of the following are satisfied:
- (1) There is a creating instrument.
- (2) The creating instrument is valid under applicable law.
- (3) Except as provided in subdivision (b), the creating instrument transfers the appointive property.
- (4) The terms of the creating instrument manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
- (b) Paragraph (3) of subdivision (a) does not apply to the creation of a power of appointment by the exercise of a power of appointment.