Powers of Appointment

Question 1

Classification of Powers

Answer 1

• General Power of Appointment- donee can appoint anyone (including herself, creditors or her estate)
• Special Powers of Appointment- limited class to whom can appoint
• Presently Exercisable Power of Appointment- can exercise during lifetime
• Testamentary Power of Appointment- can appoint only by will

Question 2

Powers of Appointment and Elective Share- which are T-Subs

Answer 2

General presently exercisable power of appointment- Yes TSub

General Testamentary Power of Appointment- Not a T-Sub

Special Powers of Appointment- not a T-Sub