Section 10-6.1. Exercise of a power of appointment; manifestation of intention  


Latest version.
  • of donee
        (a) Subject to paragraph (b), an effective  exercise  of  a  power  of
      appointment does not require an express reference to such power. A power
      is  effectively  exercised  if  the  donee  manifests  his  intention to
      exercise it. Such a manifestation exists when the donee:
        (1) Declares in substance that he is exercising all the powers he has;
        (2) Sufficiently identifying  the  appointive  property  or  any  part
      thereof,  executes  an instrument purporting to dispose of such property
      or part;
        (3) Makes a  disposition  which,  when  read  with  reference  to  the
      property  he  owned  and  the  circumstances existing at the time of its
      making, manifests  his  understanding  that  he  was  disposing  of  the
      appointive property; or
        (4)  Leaves  a  will  disposing  of  all of his property or all of his
      property of the kind covered by the power, unless the intention that the
      will is not to operate as an execution of the power appears expressly or
      by necessary implication.
        (b) If the donor has expressly directed that no  instrument  shall  be
      effective  to exercise the power unless it contains a specific reference
      to the power, an instrument  not  containing  such  reference  does  not
      validly exercise the power.