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Current as of January 01, 2025 | Updated by Findlaw Staff
In the absence of a requirement that a power of appointment be exercised by a reference to the power or by an express or specific reference to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if:
1. General power. The power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or
2. Intention to include property subject to the power. The testator's will manifests an intention to include the property subject to the power.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 2-608 Exercise power of appointment - last updated January 01, 2025 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-2-608/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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