If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
2016, c. 266.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 27 - Uniform Powers of Appointment Act
§ 64.2-2706. Common law and principles of equity
§ 64.2-2707. Creation of power of appointment
§ 64.2-2708. Nontransferability
§ 64.2-2709. Presumption of unlimited authority
§ 64.2-2710. Exception to presumption of unlimited authority
§ 64.2-2711. Rules of classification
§ 64.2-2712. Power to revoke or amend
§ 64.2-2713. Requisites for exercise of power of appointment
§ 64.2-2714. Intent to exercise; determining intent from residuary clause
§ 64.2-2715. Intent to exercise; after-acquired power
§ 64.2-2716. Substantial compliance with donor-imposed formal requirement
§ 64.2-2717. Permissible appointment
§ 64.2-2718. Appointment to deceased appointee
§ 64.2-2719. Impermissible appointment
§ 64.2-2720. Selective allocation doctrine
§ 64.2-2721. Capture doctrine; disposition of ineffectively appointed property under general power
§ 64.2-2722. Disposition of unappointed property under released or unexercised general power
§ 64.2-2723. Disposition of unappointed property under released or unexercised nongeneral power
§ 64.2-2724. Disposition of unappointed property if partial appointment to taker in default
§ 64.2-2725. Appointment to taker in default
§ 64.2-2726. Powerholder's authority to revoke or amend exercise
§ 64.2-2728. Authority to release
§ 64.2-2729. Method of release
§ 64.2-2730. Notice of release; recordation; fee
§ 64.2-2731. Revocation or amendment of release
§ 64.2-2732. Power to contract; presently exercisable power of appointment
§ 64.2-2733. Power to contract; power of appointment not presently exercisable
§ 64.2-2734. Remedy for breach of contract to appoint or not to appoint
§ 64.2-2735. Creditor claim; general power created by powerholder
§ 64.2-2736. Creditor claim; general power not created by powerholder
§ 64.2-2737. Power to withdraw
§ 64.2-2738. Creditor claim; nongeneral power
§ 64.2-2739. Uniformity of application and construction
§ 64.2-2740. Relation to Electronic Signatures in Global and National Commerce Act