Power of appointment; compliance with specific reference requirement

18-C M.R.S. § 2-704, under Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS.

18-C M.R.S. § 2-704

A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Knows of and intends to exercise power. The powerholder knows of and intends to exercise the power; and

2. Does not impair a material purpose. The powerholder's manner of attempted exercise does not impair a material purpose of the donor in imposing the requirement.