§ 456.985 — Act to govern powers — exceptions.

Missouri § 456.985

• Jurisdiction: Missouri
• Title XXXI: TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
• Ch. 456: Trusts and Trustees — The Uniform Trust Code

Text

1.  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 .

Legislative History

(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)