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§ 31D-3-311 - Disposition of unappointed property under released or unexercised nongeneral power.

NC Gen Stat § 31D-3-311 (2019) (N/A)
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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.

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§ 31D-3-310 - Disposition of unappointed property under released or unexercised general power.
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§ 31D-3-312 - Disposition of unappointed property if partial appointment to taker in default.