Nebraska § 30-4612 Intent to exercise: Determining intent from residuary clause

Nebraska Statutes

§ 30-4612 — Intent to exercise: Determining intent from residuary clause

Nebraska § 30-4612

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

This text of Nebraska § 30-4612 (Intent to exercise: Determining intent from residuary clause) 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. § 30-4612 (2026).

Text

(a)In this section:

(1)Residuary clause does not include a residuary clause containing a blanket exercise clause or a specific exercise clause.

(2)Will includes a codicil and a testamentary instrument that revises another will.

(b)A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(1)the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(2)the power is a general power exercisable in favor of the powerholder's estate;

(3)there is no gift in default clause or the clause is ineffective; and

(4)the powerholder did not release the power.

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(a) In this section:
(1) Residuary clause does not include a residuary clause containing a blanket exercise clause or a specific exercise clause.
(2) Will includes a codicil and a testamentary instrument that revises another will.
(b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(1) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(2) the power is a general power exercisable in favor of the powerholder's estate;
(3) there is no gift in default clause or the clause is ineffective; and
(4) the powerholder did not release the power.