District of Columbia § 19-1702.01 Creation of power of appointment.

District of Columbia Statutes

§ 19-1702.01 — Creation of power of appointment.

District of Columbia § 19-1702.01

Title 19Descent, Distribution, and Trusts. [Enacted title]

Ch. 17Uniform Powers of Appointment Code.

Subch. IICreation, Revocation, and Amendment of Power of Appointment.

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Bluebook

D.C. Code § 19-1702.01 (2026).

Text

(a)A power of appointment is created only if:

(1)The instrument creating the power:

(A)Is valid under applicable law; and

(B)Except as otherwise provided in subsection (b) of this section, transfers the appointive property; and

(2)The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b)Subsection (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(c)A power of appointment may not be created in a deceased individual.

(d)Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained power

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(a) A power of appointment is created only if:

(1) The instrument creating the power:

(A) Is valid under applicable law; and

(B) Except as otherwise provided in subsection (b) of this section, transfers the appointive property; and

(2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b) Subsection (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(c) A power of appointment may not be created in a deceased individual.

(d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.