1. A powerholder of a presently exercisable power of appointment may contract:

(1) Not to exercise the power; or

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Terms Used In Missouri Laws 456.1090

  • Contract: A legal written agreement that becomes binding when signed.
  • Donor: The person who makes a gift.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

(1) Is also the donor of the power; and

(2) Has reserved the power in a revocable trust.