Title XXXIII, Administration of Trusts and Estates of Persons Under Disability

A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) The instrument of release is revocable by the powerholder; or (2) The powerholder reserves a power of revocation or amendment in the instrument of release.

A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (1) Is also the donor of the power; and (2) Has reserved the power in a revocable trust.

The remedy for a powerholder's breach of a contract to appoint or not to appoint is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.

(1) As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer. (2) Appointive property subject to a general power of appointmen…

(1) Appointive property subject to a general power of appointment created by a person other than the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate. (2) A power of appointment created by a person other than the powerholder which…

(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate. (2) Appointive property subject to a nongeneral power of appoi…

In applying and construing the Uniform Powers of Appointment Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the no…

(1) Except as otherwise provided in this chapter, on and after July 15, 2020: (a) This chapter applies to a power of appointment created before, on, or after July 15, 2020; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after J…