Powers of Appointment


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Powers of Appointment

A grant of the ability to dispose of property, especially of an estate. The person who receives the powers of appointment may be the executor of an estate or the trustee of a trust. The person with the powers of appointment must dispose of the property according to the wishes of the grantor, unless the grantor gives unlimited powers of appointment, which transfers discretion to the executor or trustee.
References in periodicals archive ?
Lastly, the distribution committee members did not possess general powers of appointment and when distributions were made to other beneficiaries of the trust, would not be personally deemed to have made completed gifts.
First, Part II provides a brief explanation of powers of appointment, as many readers may not be familiar with this fairly arcane, but important, topic.
Before the court instead was whether Erla, as holder of a powers of appointment over the trust assets, might direct that those assets be distributed at the time of her death depending on whether the grandchildren had at that time married outside their religious tradition.
A separate categorization of powers of appointment exists with regard to federal estate tax.
EXHIBIT TRUST OPTIONS AND CONSEQUENCES: POWERS OF APPOINTMENT Description of power in Trust is includable in Taxable termination hands of child estate of child at child's death and subject to GST Child has general Yes No testamentary power of appointment over entire trust.
To fully understand the Delaware Tax Trap, one must first have a basic understanding of the Rule Against Perpetuities and the manner in which powers of appointment fit into this ruler.
Trust provisions frequently targeted for modernization through decanting include adding or changing beneficiaries, granting limited powers of appointment, accelerating or postponing distributions, changing trust situs, and extending the terms of trusts or terminating old trusts.
193) New York case law does not recognize the doctrine of substantial compliance in the area of discretionary powers of appointment.
He said that President Asif Ali Zardari had given good impression by transferring the powers of appointment of services chiefs to prime minister and had come out of this mire.
Chapters cover intestacy, wills, construction of wills, nonprobate transfers and planning for incapacity, restrictions on the power of disposition, trusts, right to distributions from the trust fund, the fiduciary obligation of trust administration, charitable trusts, powers of appointment in trusts, construction of trusts, the rule against perpetuities and trust duration, and wealth transfer taxation.
A future article will address these other types of powers of appointment that are sometimes used with total discretionary trusts and the consequences thereof.
Where the grantor has planned to take advantage of generation-skipping, the B trust would continue to exist during the lives of children (usually giving them some "nongeneral" powers of appointment as well as income rights) so that the property in the trust can qualify as an "exempt" trust and avoid taxation at the death of the children or grandchildren.