Requisites for exercise of power of appointment.

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(1) A power of appointment may be exercised only:

(a) If the instrument exercising the power is valid under applicable law; (b) If the terms of the instrument exercising the power:

  1. Manifest the powerholder's intent to exercise the power; and

  2. Subject to section 15-2.5-304, satisfy the requirements of exercise, if any, imposedby the donor; and

(c) To the extent the appointment is a permissible exercise of the power.

Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 776, § 1, effective July 1, 2015.


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