Section 31D-2-201 - Creation of power of appointment(a) A power of appointment is created only if all of the following apply: (1) The instrument creating the power is valid under applicable law.(2) Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.(3) The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.(b) Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.(c) A power of appointment may not be created in a deceased individual.(d) Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder.N.C. Gen. Stat. § 31D-2-201
Amended by 2021 N.C. Sess. Laws 53,s. 4.1, eff. 6/25/2021.Added by 2015 N.C. Sess. Laws 205,s. 3-a, eff. 8/11/2015.