Code of Virginia (Last Updated:July 28, 2020) |
TITLE 64.2. Wills, Trusts, and Fiduciaries |
SUBTITLE V. Provisions Applicable to Probate and Nonprobate Transfers |
CHAPTER 27. Uniform Powers of Appointment Act |
ARTICLE 3. Exercise of Power of Appointment |
SECTION 64.2-2713. Requisites for exercise of power of appointment |
A power of appointment is exercised only: 1. If the instrument exercising the power is valid under applicable law; 2. If the terms of the instrument exercising the power: a. Manifest the powerholder's intent to exercise the power; and b. Subject to § 64.2-2716 , satisfy the requirements of exercise, if any, imposed by the donor; and 3. To the extent that the appointment is a permissible exercise of the power. 2016, c. 64.2-2716 . |