§ 613. — 613. (Amended by Stats. 2016, Ch. 81, Sec. 3.)

California § 613.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 2.: DIVISION 2. GENERAL PROVISIONS
• Part 14.: PART 14. POWERS OF APPOINTMENT
• Ch. 2.: CHAPTER 2. Definitions; Classification of Powers of Appointment

Text

A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power. An imperative power can exist even though the powerholder has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are “discretionary.” The
powerholder of a discretionary power is privileged to exercise, or not to exercise, the power as the powerholder chooses.

Legislative History

Amended by Stats. 2016, Ch. 81, Sec. 3. (AB 2846) Effective January 1, 2017.