Capture doctrine: Disposition of ineffectively appointed property under general power.

Nev. Rev. Stat. § 162B.340
in effect
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To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke or amend a trust, makes an ineffective appointment: 1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or 2. If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property: (a) Passes to: (1) The powerholder if the powerholder is a permissible appointee and living; or (2) If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee; or (b) If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donor’s transferee or successor in interest.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-162B.htmlFetched: 10/4/2026

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