Nevada § 162B.340 Capture doctrine: Disposition of ineffectively appointed property under general power

Nevada Statutes

§ 162B.340 — Capture doctrine: Disposition of ineffectively appointed property under general power

Nevada § 162B.340

Title 13GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS

Ch. 162BPowers

EXERCISE OF POWER OF APPOINTMENT

This text of Nevada § 162B.340 (Capture doctrine: Disposition of ineffectively appointed property under general power) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nev. Rev. Stat. § 162B.340 (2026).

Text

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke or amend a trust, makes an ineffective appointment: 1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or 2. If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a)Passes to:

(1)The powerholder if the powerholder is a permissible appointee and living; or

(2)If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee; or

(b)If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donor’s transferee or successor in interest.

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To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke or amend a trust, makes an ineffective appointment:
1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or
2. If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(a) Passes to:
(1) The powerholder if the powerholder is a permissible appointee and living; or
(2) If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee; or
(b) If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donor’s transferee or successor in interest.