Haw. Rev. Stat. § 560:2-608

Current through the 2024 Legislative Session

Section 560:2-608 - Exercise of power of appointment

In the absence of a requirement that a power of appointment be exercised by a reference or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, shall be deemed to express an intention to exercise a power of appointment held by the testator only if:

(1) The power is a general power exercisable in favor of the powerholder's estate, and the creating instrument does not contain an effective gift if the power is not exercised; or

(2) The testator's will manifests an intention to include the property subject to the power.

HRS § 560:2-608

Amended by L 2023, c 158,§ 28, eff. 6/29/2023.

L 1996, c 288, pt of §1