In the absence of a requirement that a power of appointment be exercised by a reference or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator‘s property, shall be deemed to express an intention to exercise a power of appointment held by the testator only if:

(1) The power is a general power exercisable in favor of the powerholder’s estate, and the creating instrument does not contain an effective gift if the power is not exercised; or
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Terms Used In Hawaii Revised Statutes 560:2-608

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Testator: A male person who leaves a will at death.
(2) The testator’s will manifests an intention to include the property subject to the power.

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