A power of appointment is exercised only:
- (1) if the instrument exercising the power is valid under applicable law;
(2) if the terms of the instrument exercising the power:
- (a) manifest the powerholder's intent to exercise the power; and
- (b) satisfy the requirements of exercise, if any, imposed by the donor; and
- (3) to the extent the appointment is a permissible exercise of the power.
Renumbered and Amended by Chapter 364, 2024 General Session