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