Capture doctrine; disposition of ineffectively appointed property under general power.
G.S. 31D-3-309
in effect§ 31D-3-309. Capture doctrine; disposition of ineffectively appointed property under general power.
To the extent a power holder 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.
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property passes as follows:
a. To the power holder if the power holder is a permissible appointee and living.
b. If the power holder is an impermissible appointee or deceased, to the power holder's estate if the estate is a permissible appointee.
c. If the power holder is an impermissible appointee or deceased and if the estate is not a permissible appointee, under a reversionary interest to the donor or the donor's transferee or successor in interest. (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-3-309.htmlFetched: 10/19/2026