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Section 456.1055 Capture doctrine — disposition of ineffectively appointed property under general power.

MO Rev Stat § 456.1055 (2019) (N/A)
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Effective 28 Aug 2016

456.1055. Capture doctrine — disposition of ineffectively appointed property under general power. — To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a) Passes to the powerholder if the powerholder is a permissible appointee and living; or

(b) If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or

(c) If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

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(L. 2016 H.B. 1765)

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Section 456.1050 Selective allocation doctrine.
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Section 456.1060 Disposition of unappointed property under released or unexercised general power.