(a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others.

(b) If the donor specifies either a minimum or maximum share or amount to be appointed to one or more of the permissible appointees, the exercise of the power must conform to the specification.

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Terms Used In California Probate Code 652

  • Appointive property: means the property or interest in property that is the subject of the power of appointment. See California Probate Code 610
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See California Probate Code 610
  • Powerholder: means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. See California Probate Code 610

(Amended by Stats. 2016, Ch. 81, Sec. 13. (AB 2846) Effective January 1, 2017.)