D.C. Code § 19-1703.02: Intent to exercise: determining intent from residuary clause.
Where this section sits in the code
- Title 19. Descent, Distribution, and Trusts. [Enacted title]
- Chapter 17. Uniform Powers of Appointment Code.
- 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