South Dakota § 29A-2-704 Power of appointment--Meaning of specific reference requirement.

South Dakota Statutes

§ 29A-2-704 — Power of appointment--Meaning of specific reference requirement.

South Dakota § 29A-2-704

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2INTESTATE SUCCESSION AND WILLS

This text of South Dakota § 29A-2-704 (Power of appointment--Meaning of specific reference requirement.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-2-704 (2026).

Text

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

Free access — add to your briefcase to read the full text and ask questions with AI

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.