Also known as:nongeneral power · non-general power · non-general powers · special powers · limited powers
Written by attorneys · grounded in primary & secondary sources — see below
A power of appointment that is not exercisable in favor of the donee, the donee's estate, or the creditors of either. The classification turns on the scope of permissible appointees specified by the donor in the creating instrument.
Sources & Authorities
How it applies
Common Examples
2
Nongeneral Power in Trust Instrument
Nolan Nunez created an irrevocable trust directing the trustee to distribute principal to such of Nolan's descendants as his daughter Naomi Norton might appoint by will. Naomi died without exercising the power. Because the power could be exercised only among Nolan's descendants and not in favor of Naomi or her estate, the power was nongeneral. The unappointed property therefore passed according to the default rules applicable to nongeneral powers rather than entering Naomi's probate estate.
Revocation of Nongeneral Power by Killing
Noah Nakamura's will granted his wife Nadia Novak a nongeneral power to appoint trust assets among their children. Nadia intentionally killed Noah. The killing revoked the provision conferring the nongeneral power on Nadia. The appointive property therefore passed as if Nadia had predeceased Noah, bypassing any exercise or default distribution that would have favored her.
Put it into practice
Test Yourself
10
Practice Questions5
· 5 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Study Supplements
Common questions
Frequently Asked
4
How does a court determine whether a power of appointment is nongeneral rather than general?+
The court examines the class of permissible appointees set out in the creating instrument. If the donee may appoint only to persons other than the donee, the donee's estate, or the creditors of either, the power is nongeneral. The Restatement classifies any power that fails the general-power test as nongeneral.
Supporting sources
What happens to property subject to an unexercised nongeneral power when the instrument contains no gift-in-default clause?+
The property passes to the permissible appointees living at the time the power lapses if they form a defined and limited class and the donor did not manifest an intent that they receive the property only to the extent the donee elects to appoint it. Otherwise the property reverts to the donor or the donor's successors.
Supporting sources
Does the Uniform Probate Code treat a nongeneral power differently from a general power when the donee kills the donor?+
No. The Code revokes any revocable provision in a governing instrument that confers either a general or nongeneral power of appointment on the killer. The result is the same regardless of the power's classification.
Supporting sources
May creditors of the donee reach property subject to a nongeneral power created by a third party?+
Generally no. Only property subject to a general power created by a third party and exercisable by the donee's will is reachable by the donee's creditors when the estate is insolvent. A nongeneral power does not expose the appointive property to those claims.
Supporting sources
Business Associations Corporations and LlcsOrganizational structure including relationships between parents and subsidiaries · AmendmentsUBEFoundational