A. An exercise of a power of appointment in favor of an impermissible appointee is ineffective.

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Terms Used In Virginia Code 64.2-2719

  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Virginia Code 64.2-2700
  • Fraud: Intentional deception resulting in injury to another.
  • Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Virginia Code 64.2-2700
  • 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 Virginia Code 64.2-2700

B. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent that the appointment is a fraud on the power.

2016, c. 266.