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North Carolina General Statutes Chapter 31D. North Carolina Uniform Powers of Appointment Act § 31D-2-201. Creation of power of appointment

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) A power of appointment is created only if all of the following apply:

(1) The instrument creating the power is valid under applicable law.

(2) Repealed by S.L. 2021-53, § 4.1, eff. June 25, 2021.

(3) The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b) Repealed by S.L. 2021-53, § 4.1, eff. June 25, 2021.

(c) A power of appointment may not be created in a deceased individual.

(d) Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 31D. North Carolina Uniform Powers of Appointment Act § 31D-2-201. Creation of power of appointment - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-31d-north-carolina-uniform-powers-of-appointment-act/nc-gen-st-sect-31d-2-201/

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