Also known as:presently-exercisable general power · general power of appointment · presently exercisable power
Written by attorneys · grounded in primary & secondary sources — see below
A power of appointment that the donee may exercise at any time during life to appoint property to the donee, the donee's estate, or the creditors of either.
Sources & Authorities
How it applies
Common Examples
2
Beneficiary Withdrawal Right
Priya Prasad is the beneficiary of a trust holding valuable stock. The trust instrument allows Priya to demand any amount of principal at any time by written notice alone. When Priya exercises the right to take half the principal for a new venture, the trustee must comply without further approval.
Life Estate With Disposition Power
Pablo Perez receives a life estate in Blackacre under his uncle's will, along with authority to sell or consume the property at will during his lifetime. Pablo sells the land to a developer and keeps the proceeds. The remainder interest passes to the designated remainderman only because Pablo chose not to consume it entirely.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 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
What distinguishes a presently exercisable general power from other powers of appointment?+
It allows the holder to appoint the property immediately to themselves or their creditors without needing consent or meeting a standard.
Supporting sources
When does a beneficiary's withdrawal right qualify as a presently exercisable general power?+
The right qualifies when the beneficiary may demand trust principal unilaterally at any time and the power is not limited by an ascertainable standard or conditioned on trustee or adverse-party consent.
Supporting sources
Why does a consent requirement from an adverse party prevent a power from being presently exercisable and general?+
The definition excludes any power that another person may exercise only with the consent of a trustee or a person whose beneficial interest would be harmed by the exercise.
Supporting sources
How does a presently exercisable general power affect a life tenant's interest in property?+
The power permits the life tenant to sell or consume the property without enlarging the life estate into a fee simple, so any unexercised remainder passes according to the original disposition.
Supporting sources
Real PropertyOwnership of real property · Special problemsUBEFoundational