Requisites for exercise of power of appointment

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A power of appointment is exercised only:

1. If the instrument exercising the power is valid under applicable law;

2. If the terms of the instrument exercising the power:

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

b. Subject to § 64.2-2716, satisfy the requirements of exercise, if any, imposed by the donor; and

3. To the extent that the appointment is a permissible exercise of the power.

2016, c. 266.


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