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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 19-1703.02: Intent to exercise: determining intent from residuary clause.

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Where this section sits in the code
  1. Title 19. Descent, Distribution, and Trusts. [Enacted title]
  2. Chapter 17. Uniform Powers of Appointment Code.
  3. Subchapter III. Exercise of Power of Appointment.

(a)

For the purposes of this section, the term:

(1)

"Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(2)

"Will" includes a codicil and a testamentary instrument that revises another will.

(b)

A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(1)

The terms of the instrument containing the residuary clause do not manifest a contrary intent;

(2)

The power is a general power exercisable in favor of the powerholder's estate;

(3)

There is no gift-in-default clause or the clause is ineffective; and

(4)

The powerholder did not release the power.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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