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Intent to exercise; determining intent from residuary clause.

G.S. 31D-3-302
in effect
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§ 31D-3-302.  Intent to exercise; determining intent from residuary clause. A residuary clause that does not contain a blanket-exercisable clause or specific-exercise clause manifests the power holder's intent to exercise a power of appointment only if all of the following apply: (1) The terms of the instrument containing the residuary clause (including any valid codicil or amendment to the instrument) do not manifest a contrary intent. (2) The power is a general power exercisable in favor of the power holder's estate. (3) There is no gift-in-default clause or the clause is ineffective. (4) The power holder did not release the power. (2015-205, s. 3(a).)
Source: North Carolina General Assembly (ncleg.gov)URL: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31D/GS_31D-3-302.htmlFetched: 10/19/2026

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