South Carolina Statutes
§ 62-7-302 — Representation by holder of general testamentary power of appointment.
To the extent there is no conflict of interest between the holder of a presently exercisable general power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. The term "presently exercisable general power of appointment" includes a testamentary general power of appointment having no conditions precedent to its exercise other than the death of the holder, the validity of the holder's last Will and Testament, and the inclusion of a provision in the Will sufficient to exercise this power.
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South Carolina § 62-7-302 (Representation by holder of general testamentary power of appointment.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Epworth Children's Home v. Beasley
616 S.E.2d 710 (Supreme Court of South Carolina, 2005)
Parker v. Shecut
531 S.E.2d 546 (Court of Appeals of South Carolina, 2000)
Haas v. Haas
(Court of Appeals of South Carolina, 2005)
Legislative History
HISTORY: 2005 Act No. 66, SECTION 1; 2013 Act No. 100, SECTION 2, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.