Article 2 - Scope of Donee’s Authority

California Probate Code — §§ 630-635

Sections (6)

Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.

(a)Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exercised only by complying with those requirements.

(b)Unless expressly prohibited by the creating instrument, a power stated to be exercisable by an inter vivos instrument is also exercisable by a written will.

§ 631

Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.

(a)Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal requirements and determine that exercise of the appointment was effective if both of the following requirements are satisfied:

(1)The appointment approximates the manner of appointment prescribed by the donor.

(2)The

failure to satisfy the formal requirements does not defeat the accomplishment of a significant purpose of the donor.

(b)This section does not permit a court to excuse compliance with a specific reference requirement under Section 632.

§ 632

Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.

If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the power can be exercised only by an instrument containing the required reference.

§ 633

Amended by Stats. 2016, Ch. 81, Sec. 6. (AB 2846) Effective January 1, 2017.

(a)If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.

(b)Unless expressly prohibited by the creating instrument:

(1)If a person whose consent is required dies, the power may be exercised by the powerholder

without the consent of that person.

(2)If a person whose consent is required becomes legally incapable of consenting, the person’s guardian or conservator may consent to an exercise of the power.

(3)A consent may be given before or after the exercise of the power by the powerholder.

§ 634

Amended by Stats. 2016, Ch. 81, Sec. 7. (AB 2846) Effective January 1, 2017.

A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of the powerholders dies, becomes legally incapable of exercising

the power, or releases the power, the power may be exercised by the others, unless expressly prohibited by the creating instrument.

§ 635

Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.

Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.