SECTIONS 630-635 - California Statutes

PROBATE CODE

SECTION 630-635

630. (a) Except as otherwise provided in this part, if the creating
instrument specifies requirements as to the manner, time, and
conditions of the exercise of a power of appointment, the power can
be exercised only by complying with those requirements.
(b) Unless expressly prohibited by the creating instrument, a
power stated to be exercisable by an inter vivos instrument is also
exercisable by a written will.

631. (a) Where an appointment does not satisfy the formal
requirements specified in the creating instrument as provided in
subdivision (a) of Section 630, the court may excuse compliance with
the formal requirements and determine that exercise of the
appointment was effective if both of the following requirements are
satisfied:
(1) The appointment approximates the manner of appointment
prescribed by the donor.
(2) The failure to satisfy the formal requirements does not defeat
the accomplishment of a significant purpose of the donor.
(b) This section does not permit a court to excuse compliance with
a specific reference requirement under Section 632.

632. If the creating instrument expressly directs that a power of
appointment be exercised by an instrument that makes a specific
reference to the power or to the instrument that created the power,
the power can be exercised only by an instrument containing the
required reference.

633. (a) If the creating instrument requires the consent of the
donor or other person to exercise a power of appointment, the power
can only be exercised when the required consent is contained in the
instrument of exercise or in a separate written instrument, signed in
each case by the person whose consent is required.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be
exercised by the donee without the consent of that person.
(2) If a person whose consent is required becomes legally
incapable of consenting, the person's guardian or conservator may
consent to an exercise of the power.
(3) A consent may be given before or after the exercise of the
power by the donee.

634. A power of appointment created in favor of two or more donees
can only be exercised when all of the donees unite in its exercise.
If one or more of the donees dies, becomes legally incapable of
exercising the power, or releases the power, the power may be
exercised by the others, unless expressly prohibited by the creating
instrument.

635. Nothing in this chapter affects the power of a court of
competent jurisdiction to remedy a defective exercise of an
imperative power of appointment.