Intent to exercise: Determining intent from residuary clause.
Neb. Rev. Stat. § 30-4612
in effect30-4612. Intent to exercise: Determining intent from residuary clause.
(a) In this section:
(1) Residuary clause does not include a residuary clause containing a blanket exercise clause or a specific exercise clause.
(2) Will includes a codicil and a testamentary instrument that revises another will.
(b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(1) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(2) the power is a general power exercisable in favor of the powerholder's estate;
(3) there is no gift in default clause or the clause is ineffective; and
(4) the powerholder did not release the power.
Laws 2021, LB501, § 35.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4612Fetched: 10/20/2026