§ 64.2-2713 – 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 § 64.2-2716, satisfy the requirements of exercise, if any, imposed by the donor; and

3. To the extent that the appointment is a permissible exercise of the power.