EPTL 10-9.1 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search up PART 9 Revocation and Release of a Power of Appointment next SECTION 10-9.2 Release 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 10-9.1 Revocability of a power of appointment Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 9 § 10-9.1 Revocability of a power of appointment (a) A power of appointment is irrevocable unless the donor reserves the right to revoke it. (b) An exercise of power of appointment is irrevocable whenever: (1) The donor of a special power manifests his intention that its exercise be irrevocable, or (2) The donee does not manifest in the instrument exercising the power his intention to reserve a power of revocation. (c) If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to reappoint, upon the exercise of the power of revocation, the donee can reappoint. (d) An instrument exercising a power of appointment is affected by fraud in the same manner as a deed or will, executed by an owner or by a trustee of property.