SECTIONS 670-674 - California Statutes

PROBATE CODE

SECTION 670-674

670. An exercise of a power of appointment is not void solely
because it is more extensive than authorized by the power, but is
valid to the extent that the exercise was permissible under the terms
of the power.

671. (a) Unless the creating instrument or the donee, in writing,
manifests a contrary intent, where the donee dies without having
exercised an imperative power of appointment either in whole or in
part, the persons designated as permissible appointees take equally
of the property not already appointed. Where the creating instrument
establishes a minimum distribution requirement that is not satisfied
by an equal division of the property not already appointed, the
appointees who have received a partial appointment are required to
return a pro rata portion of the property they would otherwise be
entitled to receive in an amount sufficient to meet the minimum
distribution requirement.
(b) Where an imperative power of appointment has been exercised
defectively, either in whole or in part, its proper execution may be
adjudged in favor of the person intended to be benefited by the
defective exercise.
(c) Where an imperative power of appointment has been created so
that it confers on a person a right to have the power exercised in
the person's favor, the proper exercise of the power can be compelled
in favor of the person, or the person's assigns, creditors,
guardian, or conservator.

672. (a) Except as provided in subdivision (b), if the donee of a
discretionary power of appointment fails to appoint the property,
releases the entire power, or makes an ineffective appointment, in
whole or in part, the appointive property not effectively appointed
passes to the person named by the donor as taker in default or, if
there is none, reverts to the donor.
(b) If the donee of a general power of appointment makes an
ineffective appointment, an implied alternative appointment to the
donee's estate may be found if the donee has manifested an intent
that the appointive property be disposed of as property of the donee
rather than as in default of appointment.

673. (a) Except as provided in subdivision (b), if an appointment
by will or by instrument effective only at the death of the donee is
ineffective because of the death of an appointee before the
appointment becomes effective and the appointee leaves issue
surviving the donee, the surviving issue of the appointee take the
appointed property in the same manner as the appointee would have
taken had the appointee survived the donee, except that the property
passes only to persons who are permissible appointees, including
appointees permitted under Section 674. If the surviving issue are
all of the same degree of kinship to the deceased appointee, they
take equally, but if of unequal degree, then those of more remote
degree take in the manner provided in Section 240.
(b) This section does not apply if either the donor or donee
manifests an intent that some other disposition of the appointive
property shall be made.

674. (a) Unless the creating instrument expressly provides
otherwise, if a permissible appointee dies before the exercise of a
special power of appointment, the donee has the power to appoint to
the issue of the deceased permissible appointee, whether or not the
issue was included within the description of the permissible
appointees, if the deceased permissible appointee was alive at the
time of the execution of the creating instrument or was born
thereafter.
(b) This section applies whether the special power of appointment
is exercisable by inter vivos instrument, by will, or otherwise.
(c) This section applies to a case where the power of appointment
is exercised on or after July 1, 1982, but does not affect the
validity of any exercise of a power of appointment made before July
1, 1982.