Nevada Revised Statutes
Chapter 162B - Powers of Appointment (Uniform Act)
NRS 162B.305 - Intent to exercise: Determining intent from residuary clause.


1. A residuary clause in a powerholder’s will or a comparable clause in the powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of appointment only if:
(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) The power is a general power exercisable in favor of the powerholder’s estate;
(c) There is no gift-in-default clause or the clause is ineffective; and
(d) The powerholder did not release the power.
2. As used in this section:
(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) "Will" includes a codicil and a testamentary instrument that revises another will.
(Added to NRS by 2017, 1375)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 162B - Powers of Appointment (Uniform Act)

NRS 162B.005 - Short title.

NRS 162B.010 - Definitions.

NRS 162B.015 - "Appointee" defined.

NRS 162B.020 - "Appointive property" defined.

NRS 162B.025 - "Blanket-exercise clause" defined.

NRS 162B.030 - "Donor" defined.

NRS 162B.035 - "Exclusionary power of appointment" defined.

NRS 162B.040 - "General power of appointment" defined.

NRS 162B.045 - "Gift-in-default clause" defined.

NRS 162B.050 - "Impermissible appointee" defined.

NRS 162B.055 - "Instrument" defined.

NRS 162B.060 - "Nongeneral power of appointment" defined.

NRS 162B.065 - "Permissible appointee" defined.

NRS 162B.070 - "Person" defined.

NRS 162B.075 - "Power of appointment" defined.

NRS 162B.080 - "Powerholder" defined.

NRS 162B.085 - "Presently exercisable power of appointment" defined.

NRS 162B.090 - "Specific-exercise clause" defined.

NRS 162B.095 - "Taker in default of appointment" defined.

NRS 162B.100 - "Terms of the instrument" defined.

NRS 162B.105 - Governing law.

NRS 162B.110 - Common law and principles of equity.

NRS 162B.200 - Creation of power of appointment.

NRS 162B.210 - Nontransferability.

NRS 162B.220 - Presumption of unlimited authority.

NRS 162B.230 - Exception to presumption of unlimited authority.

NRS 162B.240 - Rules of classification.

NRS 162B.250 - Power to revoke or amend.

NRS 162B.300 - Requisites for exercise of power of appointment.

NRS 162B.305 - Intent to exercise: Determining intent from residuary clause.

NRS 162B.310 - Intent to exercise: After-acquired power.

NRS 162B.315 - Substantial compliance with donor-imposed formal requirement.

NRS 162B.320 - Permissible appointment.

NRS 162B.325 - Appointment to deceased appointee or permissible appointee’s descendant.

NRS 162B.330 - Impermissible appointment.

NRS 162B.335 - Selective allocation doctrine.

NRS 162B.340 - Capture doctrine: Disposition of ineffectively appointed property under general power.

NRS 162B.345 - Disposition of unappointed property under released or unexercised general power.

NRS 162B.350 - Disposition of unappointed property under released or unexercised nongeneral power.

NRS 162B.355 - Disposition of unappointed property if partial appointment to taker in default.

NRS 162B.360 - Appointment to taker in default.

NRS 162B.365 - Powerholder’s authority to revoke or amend exercise; exceptions.

NRS 162B.400 - Disclaimer.

NRS 162B.410 - Authority to release.

NRS 162B.420 - Method of release.

NRS 162B.430 - Revocation or amendment of release.

NRS 162B.440 - Power to contract: Presently exercisable power of appointment.

NRS 162B.450 - Power to contract: Power of appointment not presently exercisable.

NRS 162B.460 - Remedy for breach of contract to appoint or not to appoint.

NRS 162B.500 - Creditor claim: General power created by powerholder.

NRS 162B.510 - Certain property exempt from creditor claims.

NRS 162B.520 - Power to withdraw.

NRS 162B.530 - Creditor claim: Nongeneral power.

NRS 162B.600 - Uniformity of application and construction.

NRS 162B.610 - Relation to Electronic Signatures in Global and National Commerce Act.

NRS 162B.620 - Application to existing relationships.