Power of Appointment; Meaning of Specific Reference Requirement.

  1. Law
  2. Michigan Compiled Laws
  3. Estates and Protected Individuals Code
  4. 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
  5. Intestacy, Wills, and Donative Transfers (700.2101...700.2959)
  6. Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723)
  7. Power of Appointment; Meaning of Specific Reference Requirement.

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Sec. 2706.

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

History: 1998, Act 386, Eff. Apr. 1, 2000
Popular Name: EPIC


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