Current with changes from the 2024 Legislative Session
Section 456.985 - Act to govern powers - exceptions1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except: (1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;(2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;(3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;(4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;(5) The requisites for the exercise of a power of appointment under section 456.1015;(6) The effect of an impermissible appointment under section 456.1045;(7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100.Amended by 2018 Mo. Laws, HB 1250,s A, eff. 8/28/2018.Added by 2016 Mo. Laws, HB 1765,s A, eff. 8/28/2016.