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.
For the above-outlined reasons, to the extent a decantment limits powers of appointment or withdrawal rights, the trustee should tether the decantment to the applicable state law and file a Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, reporting the nongift.
EPTL 10-6.6(a) governs the exercise of all powers of appointment, including general powers of appointment:
As a result of Max's grant of powers of appointment to Erla, however, the Feinberg grandchildren did not receive vested interests in Max's trusts when he died.
A separate categorization of powers of appointment exists with regard to federal estate tax.
It was important to do two things so that non-general powers of appointment could be safely given to beneficiaries of dynasty trusts.
Their topics include gift tax fundamentals, property owned at death, powers of appointment, deductions, and valuations.
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.
Published in 1986 as an entire volume of the Restatement (Second) of Property, (6) the power of appointment division effectively updates the treatment of powers of appointment that is found in the First Restatement.
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.