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

D.C. Code § 19-1703.09: Capture doctrine: disposition of ineffectively appointed property under general power.

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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)

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(1)

The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2)

If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(A)

Passes to:

(i)

The powerholder if the powerholder is a permissible appointee and living; or

(ii)

If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(B)

If there is no taker under subparagraph (A) of this paragraph, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

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

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