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

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Terms Used In Virginia Code 64.2-2732

  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Virginia Code 64.2-2700
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Powerholder: means a person in which a donor creates a power of appointment. See Virginia Code 64.2-2700

1. Not to exercise the power; or

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

2016, c. 266.