Nebraska § 30-4605 Creation of power of appointment

Nebraska Statutes

§ 30-4605 — Creation of power of appointment

Nebraska § 30-4605

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-4605 (Creation of power of appointment) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-4605 (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)Subdivision (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.

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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) Subdivision (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.