Section 456.985 Act to govern powers

Section 456.985 Act to govern powers — exceptions.

MO Rev Stat § 456.985 (2019) (N/A)

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Effective 28 Aug 2018

456.985. Act to govern powers — exceptions. — 1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.

2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:

(1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;

(2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;

(3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;

(4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;

(5) The requisites for the exercise of a power of appointment under section 456.1015;

(6) The effect of an impermissible appointment under section 456.1045;

(7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100.

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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)

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Section 456.980 Governing Law — common law and principles of equity.

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Section 456.990 Creations of power of appointment.