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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 29A-2-608: Exercise of power of appointment.

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Where this section sits in the code
  1. TITLE 29A. UNIFORM PROBATE CODE
  2. CHAPTER 29A-2. INTESTATE SUCCESSION AND WILLS

In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power.

Source: SL 1995, ch 167, § 2-608.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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