ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend Title 19 of the District of Columbia Official Code to enact the Uniform Powers of
Appointment Act, to provide a statutory framework for the creation, amendment,
revocation, and exercise of powers of appointment, including rules governing
appointments to deceased or impermissible appointees, disposition of unappointed
property, releasing powers of appointment, a powerholder’s ability to revoke or amend an
exercise of power, contracts to exercise or not to exercise powers of appointment, and
creditors’ claims on appointive property.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Uniform Powers of Appointment Act of 2024”.
Sec. 2. Title 19 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by inserting the phrase at the end:
“17. Uniform Powers of Appointment Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1701.01”.
(b) A new Chapter 17 is added to read as follows:
“CHAPTER 17
“UNIFORM POWERS OF APPOINTMENT CODE.
“SUBCHAPTER I. GENERAL PROVISIONS.
“Sec.
“19-1701.01. Short title.
“19-1701.02. Definitions.
“19-1701.03. Governing law.
“19-1701.04. Common law and principles of equity.
“SUBCHAPTER II. CREATION, REVOCATION, AND AMENDMENT OF POWER OF
APPOINTMENT.
“19-1702.01. Creation of power of appointment.
“19-1702.02. Nontransferability.
“19-1702.03. Presumption of unlimited authority.
“19-1702.04. Exception to presumption of unlimited authority.
“19-1702.05. Rules of classification.
“19-1702.06. Power to revoke or amend.
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“SUBCHAPTER III. EXERCISE OF POWER OF APPOINTMENT.
“19-1703.01. Requisites for exercise of power of appointment.
“19-1703.02. Intent to exercise: determining intent from residuary clause.
“19-1703.03. Intent to exercise: after-acquired power.
“19-1703.04. Substantial compliance with donor-imposed formal requirement.
“19-1703.05. Permissible appointment.
“19-1703.06. Appointment to deceased appointee or permissible appointee’s descendant.
“19-1703.07. Impermissible appointment.
“19-1703.08. Selective allocation doctrine.
“19-1703.09. Capture doctrine: disposition of ineffectively appointed property under general
power.
“19-1703.10. Disposition of unappointed property under released or unexercised general power.
“19-1703.11. Disposition of unappointed property under released or unexercised nongeneral
power.
“19-1703.12. Disposition of unappointed property if partial appointment to taker in default.
“19-1703.13. Appointment to taker in default.
“19-1703.14. Powerholder’s authority to revoke or amend exercise.
“SUBCHAPTER IV. DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO
APPOINT.
“19-1704.01. Disclaimer.
“19-1704.02. Authority to release.
“19-1704.03. Method of release.
“19-1704.04. Revocation or amendment of release.
“19-1704.05. Power to contract: presently exercisable power of appointment.
“19-1704.06. Power to contract: power of appointment not presently exercisable.
“19-1704.07. Remedy for breach of contract to appoint or not to appoint.
“SUBCHAPTER V. RIGHTS OF POWERHOLDER’S CREDITORS IN APPOINTIVE
PROPERTY.
“19-1705.01. Creditor claim: general power created by powerholder.
“19-1705.02. Creditor claim: general power not created by powerholder.
“19-1705.03. Power to withdraw.
“19-1705.04. Creditor claim: nongeneral power.
“SUBCHAPTER VI. MISCELLANEOUS PROVISIONS.
“19-1706.01. Uniformity of application and construction.
“19-1706.02. Relation to electronic signatures in global and national commerce act.
“19-1706.03. Application to existing relationships.
“SUBCHAPTER I. GENERAL PROVISIONS.
Ҥ 19-1701.01. Short title.
“This chapter may be cited as the “Uniform Powers of Appointment Code”.
Ҥ 19-1701.02. Definitions.
“For the purposes of this chapter, the term:
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“(1) “Appointee” means a person to which a powerholder makes an appointment
of appointive property.
“(2) “Appointive property” means the property or property interest subject to a
power of appointment.
“(3) “Blanket-exercise clause” means a clause in an instrument which exercises a
power of appointment and is not a specific-exercise clause. The term “blanket-exercise clause”
includes a clause that:
“(A) Expressly uses the words “any power” in exercising any power of
appointment the powerholder has;
“(B) Expressly uses the words “any property” in appointing any property
over which the powerholder has a power of appointment; or
“(C) Disposes of all property subject to disposition by the powerholder.
“(4) “Donor” means a person that creates a power of appointment.
“(5) “Exclusionary power of appointment” means a power of appointment
exercisable in favor of any one or more of the permissible appointees to the exclusion of the
other permissible appointees.
“(6) “General power of appointment” means a power of appointment exercisable
in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor
of the powerholder’s estate.
“(7) “Gift-in-default clause” means a clause identifying a taker in default of
appointment.
“(8) “Impermissible appointee” means a person that is not a permissible
appointee.
“(9) “Instrument” means a writing.
“(10) “Nongeneral power of appointment” means a power of appointment that is
not a general power of appointment.
“(11) “Permissible appointee” means a person in whose favor a powerholder may
exercise a power of appointment.
“(12) “Person” means an individual, estate, trust, business or nonprofit entity,
public corporation, government or governmental subdivision, agency, or instrumentality, or other
legal entity.
“(13) “Power of appointment” means a power that enables a powerholder acting
in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of
appointment over the appointive property. The term “power of appointment” does not include a
power of attorney.
“(14) “Powerholder” means a person in which a donor creates a power of
appointment.
“(15)(A) “Presently exercisable power of appointment” means a power of
appointment exercisable by the powerholder at the relevant time.
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“(B) The term “presently exercisable power of appointment” includes a
power of appointment not exercisable until the occurrence of a specified event, the satisfaction of
an ascertainable standard, or the passage of a specified time only after:
“(i) The occurrence of the specified event;
“(ii) The satisfaction of the ascertainable standard; or
“(iii) The passage of the specified time.
“(C) The term “presently exercisable power of appointment” does not
include a power of appointment exercisable only at the powerholder’s death.
“(16) “Specific-exercise clause” means a clause in an instrument which
specifically refers to and exercises a particular power of appointment.
“(17) “Taker in default of appointment” means a person that takes all or part of
the appointive property to the extent the powerholder does not effectively exercise the power of
appointment.
“(18) “Terms of the instrument” means the manifestation of the intent of the
maker of the instrument regarding the instrument’s provisions as expressed in the instrument or
as may be established by other evidence that would be admissible in a legal proceeding.
Ҥ 19-1701.03. Governing law.
“Unless the terms of the instrument creating a power of appointment manifest a contrary
intent:
“(1) The creation, revocation, or amendment of the power is governed by the law
of the donor’s domicile at the relevant time; and
“(2) The exercise, release, or disclaimer of the power, or the revocation or
amendment of the exercise, release, or disclaimer of the power, is governed by the law of the
powerholder’s domicile at the relevant time.
Ҥ 19-1701.04. Common law and principles of equity.
“The common law and principles of equity supplement this chapter, except to the extent
modified by this chapter or law of the District of Columbia other than this chapter.
“SUBCHAPTER II. CREATION, REVOCATION, AND AMENDMENT OF POWER OF
APPOINTMENT.
Ҥ 19-1702.01. Creation of power of appointment.
“(a) A power of appointment is created only if:
“(1) The instrument creating the power:
“(A) Is valid under applicable law; and
“(B) Except as otherwise provided in subsection (b) of this section,
transfers the appointive property; and
“(2) The terms of the instrument creating the power manifest the donor’s intent to
create in a powerholder a power of appointment over the appointive property exercisable in favor
of a permissible appointee.
“(b) Subsection (a)(1)(B) of this section does not apply to the creation of a power of
appointment by the exercise of a power of appointment.
“(c) A power of appointment may not be created in a deceased individual.
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“(d) Subject to an applicable rule against perpetuities, a power of appointment may be
created in an unborn or unascertained powerholder.
Ҥ 19-1702.02. Nontransferability.
“A powerholder may not transfer a power of appointment. If a powerholder dies without
exercising or releasing a power, the power lapses.
Ҥ 19-1702.03. Presumption of unlimited authority.
“Subject to § 19-1702.05, and unless the terms of the instrument creating a power of
appointment manifest a contrary intent, the power is:
“(1) Presently exercisable;
“(2) Exclusionary; and
“(3) Except as otherwise provided in § 19-1702.04, general.
Ҥ 19-1702.04. Exception to presumption of unlimited authority.
“Unless the terms of the instrument creating a power of appointment manifest a contrary
intent, the power is nongeneral if:
“(1) The power is exercisable only at the powerholder’s death; and
“(2) The permissible appointees of the power are a defined and limited class that
does not include the powerholder’s estate, the powerholder’s creditors, or the creditors of the
powerholder’s estate.
Ҥ 19-1702.05. Rules of classification.
“(a) In this section, the term “adverse party” means a person with a substantial beneficial
interest in property which would be affected adversely by a powerholder’s exercise or
nonexercise of a power of appointment in favor of the powerholder, the powerholder’s estate, a
creditor of the powerholder, or a creditor of the powerholder’s estate.
“(b) If a powerholder may exercise a power of appointment only with the consent or
joinder of an adverse party, the power is nongeneral.
“(c) If the permissible appointees of a power of appointment are not defined and limited,
the power is exclusionary.
Ҥ 19-1702.06. Power to revoke or amend.
“A donor may revoke or amend a power of appointment only to the extent that:
“(1) The instrument creating the power is revocable by the donor; or
“(2) The donor reserves a power of revocation or amendment in the instrument
creating the power of appointment.
“SUBCHAPTER III. EXERCISE OF POWER OF APPOINTMENT.
Ҥ 19-1703.01. Requisites for exercise of power of appointment.
“A power of appointment is exercised only:
“(1) If the instrument exercising the power is valid under applicable law;
“(2) If the terms of the instrument exercising the power:
“(A) Manifest the powerholder’s intent to exercise the power; and
“(B) Subject to § 19-1703.04, satisfy the requirements of exercise, if any,
imposed by the donor; and
“(3) To the extent the appointment is a permissible exercise of the power.
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Ҥ 19-1703.02. Intent to exercise: determining intent from residuary clause.
“(a) For the purposes of this section, the term:
“(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.
Ҥ 19-1703.03. Intent to exercise after-acquired power.
“Unless the terms of the instrument exercising a power of appointment manifest a
contrary intent:
“(1) Except as otherwise provided in paragraph (2) of this section, a blanket-
exercise clause extends to a power acquired by the powerholder after executing the instrument
containing the clause; and
“(2) If the powerholder is also the donor of the power, the clause does not extend
to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Ҥ 19-1703.04. Substantial compliance with donor-imposed formal requirement.
“A powerholder’s substantial compliance with a formal requirement of appointment
imposed by the donor, including a requirement that the instrument exercising the power of
appointment make reference or specific reference to the power, is sufficient if:
“(1) The powerholder knows of and intends to exercise the power; and
“(2) The powerholder’s manner of attempted exercise of the power does not
impair a material purpose of the donor in imposing the requirement.
Ҥ 19-1703.05. Permissible appointment.
“(a) A powerholder of a general power of appointment that permits appointment to the
powerholder or the powerholder’s estate may make any appointment, including an appointment
in trust or creating a new power of appointment, that the powerholder could make in disposing of
the powerholder’s own property.
“(b) A powerholder of a general power of appointment that permits appointment only to
the creditors of the powerholder or of the powerholder’s estate may appoint only to those
creditors.
“(c) Unless the terms of the instrument creating a power of appointment manifest a
contrary intent, the powerholder of a nongeneral power may:
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“(1) Make an appointment in any form, including an appointment in trust, in favor
of a permissible appointee;
“(2) Create a general power in a permissible appointee;
“(3) Create a nongeneral power in any person to appoint to one or more of the
permissible appointees of the original nongeneral power; and
“(4) Create a nongeneral power in a permissible appointee to appoint to one or
more persons if the permissible appointees of the new nongeneral power include the permissible
appointees of the original nongeneral power.
“§ 19-1703.06. Appointment to deceased appointee or permissible appointee’s
descendant.
“(a) Subject to § 18-308, an appointment to a deceased appointee is ineffective.
“(b) Unless the terms of the instrument creating a power of appointment manifest a
contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or
create a new power of appointment in, a descendant of a deceased permissible appointee whether
or not the descendant is described by the donor as a permissible appointee.
Ҥ 19-1703.07. Impermissible appointment.
“(a) Except as otherwise provided in § 19-1703.06, an exercise of a power of
appointment in favor of an impermissible appointee is ineffective.
“(b) An exercise of a power of appointment in favor of a permissible appointee is
ineffective to the extent the appointment is a fraud on the power.
Ҥ 19-1703.08. Selective allocation doctrine.
“If a powerholder exercises a power of appointment in a disposition that also disposes of
property the powerholder owns, the owned property and the appointive property must be
allocated in the permissible manner that best carries out the powerholder’s intent.
Ҥ 19-1703.09. Capture doctrine: disposition of ineffectively appointed property under
general power.
“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:
“(i) The powerholder if the powerholder is a permissible appointee
and living; or
“(ii) 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 subparagraph (A) of this paragraph, passes
under a reversionary interest to the donor or the donor’s transferee or successor in interest.
Ҥ 19-1703.10. Disposition of unappointed property under released or unexercised
general power.
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“To the extent a powerholder releases or fails to exercise a general power of appointm