Effective - 28 Aug 2016
456.1020. Intent to exercise — determining intent from residuary clause. — 1. As used in this section:
(1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and
(2) "Will" includes a codicil and a testamentary instrument that revises another will.
2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:
(1) The power is a general power exercisable in favor of the powerholder's estate;
(2) There is no gift-in-default clause or the clause is ineffective; and
(3) The powerholder did not release the power.
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(L. 2016 H.B. 1765)