GroundRules
AS 13.12.608: Exercise of power of appointment.
Where this section sits in the code
- Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions.
- Chapter 12. Intestacy, Wills, and Donative Transfers.
- Article 7. Rules of Construction Applicable Only to Wills.
In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if
(1) the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
(2) the testator's will manifests an intention to include the property subject to the power.
Collected 2026-09-02T06:16:54Z. Source file · JSON