California § 642. 642. (Amended by Stats. 2016, Ch. 81, Sec. 10.)

California Statutes

§ 642. — 642. (Amended by Stats. 2016, Ch. 81, Sec. 10.)

California § 642.

JurisdictionCalifornia

Code PROBProbate Code - PROB

Div. 2.DIVISION 2. GENERAL PROVISIONS

Part 14.PART 14. POWERS OF APPOINTMENT

Ch. 4.CHAPTER 4. Exercise of Powers of Appointment

Art. 3.ARTICLE 3. Donee’s Required Intent

This text of California § 642. (642. (Amended by Stats. 2016, Ch. 81, Sec. 10.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Probate Code - PROB Code § 642. (2026).

Text

If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:

(a)The creating instrument manifests an intent that the power may not be exercised by a will previously executed.

(b)The will manifests an intent not to exercise a power subsequently acquired.

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If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:
(a)
The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b)
The will manifests an intent not to exercise a power subsequently acquired.

Legislative History

Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.

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Bluebook (online)

California § 642., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PROB/642..