Section 564-B:10-1016 - Powers of Appointment(a) 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 subsection (b), satisfy any requirements that the terms of the trust may impose on the exercise of the power; and(3) To the extent that the appointment is a permissible exercise of the power.(b) A powerholder's substantial compliance with a formal requirement of appointment imposed by the terms of the trust, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows of and intends to exercise the power;(2) The terms of the trust do not require strict compliance with the formal requirement of appointment imposed by the settlor; and(3) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the trust.Added by 2017, 257:28, eff. 7/18/2017. 2017, 257:28, eff. July 18, 2017.