Current through 2024
Section 11.95A.210 - Intent to exercise-Determining intent from residuary clause(1) In this section:(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.(b) "Will" includes a codicil and a testamentary instrument that revises another will.(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;(b) The power is a general power exercisable in favor of the powerholder's estate;(c) There is no gift-in-default clause or the clause is ineffective; and(d) The powerholder did not release the power.Added by 2021 c 140,§ 3302, eff. 1/1/2022.