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

SDCL § 29A-2-704: Power of appointment--Meaning of specific reference requirement.

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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

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

Source: SL 1995, ch 167, § 2-704.

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

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