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Current as of January 01, 2023 | Updated by FindLaw Staff
Unless the terms of an instrument exercising a power of appointment manifest a contrary intent:
(1) If the power holder is not also the donor of the power, a blanket-exercise clause in the instrument extends to a power acquired by the power holder after executing the instrument containing the clause.
(2) If the power holder is also the donor of the power, the blanket-exercise clause extends to the power acquired by the power holder after executing the instrument only if there is no gift-in-default clause or the gift-in-default clause is ineffective. The blanket-exercise clause does not extend to the power if there is a gift-in-default clause that is effective.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 31D. North Carolina Uniform Powers of Appointment Act § 31D-3-303. Intent to exercise after-acquired power - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-31d-north-carolina-uniform-powers-of-appointment-act/nc-gen-st-sect-31d-3-303/
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