31D-4-403. Method of release.
A power holder of a releasable power of appointment may release the power in whole or in part as follows:
(1) By substantial compliance with a method provided in the terms of the instrument creating the power.
(2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the power holder's intent by clear and convincing evidence. (2015-205, s. 3(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act
Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.
§ 31D-4-402 - Authority to release.
§ 31D-4-403 - Method of release.
§ 31D-4-403.1 - Necessity for actual notice of release or limitation to bind fiduciary.
§ 31D-4-404 - Revocation or amendment of release.
§ 31D-4-405 - Power to contract; presently exercisable power of appointment.
§ 31D-4-406 - Power to contract; power of appointment not presently exercisable.
§ 31D-4-407 - Remedy for breach of contract to appoint or not to appoint.