Me. Stat. tit. 18-C § 2-608

Current through 131st (2023-2024) Legislature Chapter 684

Section 2-608 - Exercise power of appointment

In the absence of a requirement that a power of appointment be exercised by a reference to the power or by an express or specific reference to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if: [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

1.General power. The power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or

[2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

2.Intention to include property subject to the power. The testator's will manifests an intention to include the property subject to the power.

[2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

18-C M.R.S. § 2-608

Amended by 2019, c. 417,§ B-14, eff. 6/20/2019.

Added by 2018, c. 402,§ A-2, eff. 7/1/2019.