EPTL 10-4.1 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search up PART 4 Creation of a Power of Appointment Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 10-4.1 Rules for creation of a power of appointment. Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 4 § 10-4.1 Rules for creation of a power of appointment. (a) The donor of a power of appointment: (1) Must be a person capable of transferring the appointive property. (2) Must have created or reserved the power by a written instrument executed by him in the manner required by law. (3) Must manifest his intention to confer the power on a person capable of holding the appointive property. (4) Cannot nullify or alter the rights of creditors of the donee, as defined in this article, by any language in the instrument creating or reserving the power purporting to give the interest of such donee a spendthrift character.