Presumption of unlimited authority — exception to presumption of unlimited authority.

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Effective - 28 Aug 2016

456.1000. Presumption of unlimited authority — exception to presumption of unlimited authority. — 1. Subject to section 456.1005, the power is:

(1) Presently exercisable;

(2) Exclusionary; and

(3) Except as otherwise provided in subsection 2 of this section, general.

2. The power is nongeneral if:

(1) The power is exercisable only at the powerholder's death; and

(2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.

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(L. 2016 H.B. 1765)


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