Section 3701 - Power of decedentA testator, settlor, donor or possessor of any appropriate power of appointment may direct how the Federal estate tax or the Federal generation-skipping transfer tax due because of his death, including interest and penalties, shall be apportioned or may grant a discretionary power to another so to direct, but:
(1) any direction regarding apportionment of the Federal generation- skipping transfer tax must expressly refer to that tax; and(2) any direction waiving the right of recovery of Federal estate tax, provided for under section 2207A of the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C. § 2207A ), on property includable in the gross estate by reason of section 2044 of the Internal Revenue Code of 1986, must expressly refer to that right. Any such direction shall take precedence over the provisions of this chapter insofar as the direction provides for the payment of the tax or any part thereof from property the disposition of which can be controlled by the instrument containing the direction or delegating the power to another. 1982 , Feb. 18, P.L. 45, No. 26, § 4, imd. effective. Amended 1992, Dec. 16, P.L. 1163, No. 152, §9, imd. effective; 1994, Dec. 1, P.L. 655, No. 102, § 3, effective in 60 days; 2002, May 16, P.L. 330, No. 50, § 3, effective in 60 days.