Prob. Code, § 16606 · Chapter 6. California Uniform Directed Trust Act
Prob. Code, § 16606
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) This chapter does not apply to any of the following:
(1) A power of appointment.
(2) The power to appoint or remove a trustee or trust director.
(3) The power of a settlor over a trust, to the extent the settlor has a power to revoke the trust.
(4) The power of a beneficiary over a trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary.
(5) The power over a trust if both of the following apply:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity.
(B) The power is required to be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.
(b) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
Notes and commentary — not statutory text
History
Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=16606.
- Text hash
- sha256 8c6180c41bb1dc31ab7d9b45774d16bc5be3a20229fe7cd6c9a24df452c7b695
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
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Probate Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.