31D-3-303. Intent to exercise after-acquired power.
Unless the terms of an instrument exercising a power of appointment manifest a contrary intent:
(1) If the power holder is not also the donor of the power, a blanket-exercise clause in the instrument extends to a power acquired by the power holder after executing the instrument containing the clause.
(2) If the power holder is also the donor of the power, the blanket-exercise clause extends to the power acquired by the power holder after executing the instrument only if there is no gift-in-default clause or the gift-in-default clause is ineffective. The blanket-exercise clause does not extend to the power if there is a gift-in-default clause that is effective. (2015-205, s. 3(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act
Article 3 - Exercise of Power of Appointment.
§ 31D-3-301 - Requisites for exercise of power of appointment.
§ 31D-3-302 - Intent to exercise; determining intent from residuary clause.
§ 31D-3-303 - Intent to exercise after-acquired power.
§ 31D-3-304 - Substantial compliance with donor-imposed formal requirement.
§ 31D-3-305 - Permissible appointment.
§ 31D-3-306 - Appointment to deceased appointee.
§ 31D-3-307 - Impermissible appointment.
§ 31D-3-308 - Selective allocation doctrine.
§ 31D-3-309 - Capture doctrine; disposition of ineffectively appointed property under general power.
§ 31D-3-310 - Disposition of unappointed property under released or unexercised general power.
§ 31D-3-311 - Disposition of unappointed property under released or unexercised nongeneral power.
§ 31D-3-312 - Disposition of unappointed property if partial appointment to taker in default.
§ 31D-3-313 - Appointment to taker in default.
§ 31D-3-314 - Power holder's authority to revoke or amend exercise.