Creation of power of appointment.

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1. A power of appointment is created only if:

(a) The instrument creating the power is valid under applicable law; and

(b) The terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

2. A power of appointment may not be created in a deceased individual.

3. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

(Added to NRS by 2017, 1374; A 2019, 1857)


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