In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to that 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 the power is a general power and the creating instrument does not contain a gift if the power is not exercised or the testator’s will manifests an intention to include the property subject to the power.

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Terms Used In Arizona Laws 14-2608

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Testator: A male person who leaves a will at death.
  • Testator: includes a person of either sex. See Arizona Laws 14-1201