DIVISION 2. GENERAL PROVISIONS 100-890›PART 14. POWERS OF APPOINTMENT 600-695›CHAPTER 4. Exercise of Powers of Appointment 625-662›ARTICLE 3. Donee’s Required Intent 640-642
§ 642
California Probate Code · 2026-09 edition · updated 2026-10-03 · California
If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b) The will manifests an intent not to exercise a power subsequently acquired.
(Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)
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