Mo. Rev. Stat. § 456.1020

Current with changes from the 2024 Legislative Session

Section 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.

§ 456.1020, RSMo

Added by 2016 Mo. Laws, HB 1765,s A, eff. 8/28/2016.