New Hampshire Statutes
§ 564-B:10-1016 — Powers of Appointment
New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 10LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
(a)A power of appointment is exercised only:
(1)If the instrument exercising the power is valid under applicable law;
(2)If the terms of the instrument exercising the power:
(A)Manifest the powerholder's intent to exercise the power; and
(B)Subject to subsection (b), satisfy any requirements that the terms of the trust may impose on the exercise of the power; and
(3)To the extent that the appointment is a permissible exercise of the power.
(b)A powerholder's substantial compliance with a formal requirement of appointment imposed by the terms of the trust, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
(1)The powerholder knows of and intends to exercise the power;
(2)The terms of t
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New Hampshire § 564-B:10-1016 (Powers of Appointment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
2017, 257:28, eff. July 18, 2017.
Nearby Sections
15
§ 564-B:1-101
Short Title§ 564-B:1-102
Scope§ 564-B:1-103
Definitions§ 564-B:1-104
Knowledge§ 564-B:1-105
Default and Mandatory Rules§ 564-B:1-106
Common Law of Trusts; Principles of Equity§ 564-B:1-107
Governing Law§ 564-B:1-108
Principal Place of Administration§ 564-B:1-109
Methods and Waiver of Notice§ 564-B:1-110
Others Treated as Qualified Beneficiaries§ 564-B:1-111
Nonjudicial Settlement Agreements§ 564-B:1-111A
Nonjudicial Dispute Resolution§ 564-B:1-112
Rules of Construction§ 564-B:1-113
Precatory Language§ 564-B:10-1001
Remedies for Breach of Trust