Also known as: nongeneral power · non general power · special power · limited power
Written by attorneys · grounded in primary & secondary sources — see below
A power of appointment that cannot be exercised in favor of the donee, the donee's estate, or the creditors of either.
Nora Nash executes a will creating a trust for her son Neil Nair that gives him the right to appoint the remainder only among his own children. When Neil attempts to appoint the property to himself, the limitation prevents the appointment from taking effect because the power qualifies as non-general.
Nicole Navarro's will confers on her husband Nolan Nunez a power to appoint trust assets only to their children. After Nolan feloniously kills Nicole, the governing instrument's provision granting the power is revoked by operation of law even though the power is non-general.
Select any source to read its text and confirm it supports the definition.
A non-general power cannot be exercised in favor of the donee, the donee's estate, or the creditors of either. A general power permits exercise in favor of those persons regardless of whether others may also benefit.
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Yes. Under the Uniform Probate Code, divorce revokes any provision in a governing instrument that confers a general or non-general power of appointment on the divorced individual's former spouse or on a relative of the former spouse.
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The killing revokes the provision in the governing instrument that conferred the non-general power on the killer. The property then passes as if the killer had disclaimed the power.
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No. Property covered by a non-general power cannot be subjected to payment of the claims of creditors of the donee or the expenses of administration of the donee's estate, except in cases of fraudulent conveyances.
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