46-11-205: Rules of classification.
Where this section sits in the code
- Chapter 46 - Fiduciaries and Trusts
- ARTICLE 11 Uniform Powers of Appointment
A. As used in this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder or a creditor of the powerholder's estate.
B. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
C. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
Collected 2026-09-03T15:02:19Z. Source file · JSON