N.C. Gen. Stat. § 31D-3-311

Disposition of unappointed property under released or unexercised nongeneral power.

Last amended: 2015Year: 2026Length: 124 wordsOfficial source
§ 31D-3-311. Disposition of unappointed property under released or unexercised nongeneral power. To the extent that a power holder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) The gift-in-default clause controls the disposition of the unappointed property. (2) If there is no gift-in-default clause, or to the extent that the clause is ineffective, the unappointed property: a. Passes to the permissible appointees, if both of the following apply: 1. The permissible appointees are defined and limited. 2. The terms of the instrument creating the power do not manifest a contrary intent. b. If there is no taker under sub-subdivision a. of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
N.C. Gen. Stat. § 31D-3-311: Disposition of unappointed property under released or unexercised nongeneral power. | Justis AI