Prob. Code, § 642 · Article 3. Donee’s Required Intent
Prob. Code, § 642
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b) The will manifests an intent not to exercise a power subsequently acquired.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.
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=642.
- Text hash
- sha256 6347c5af046e6753b888979f9b6e7e2510ec70f14a8c3520cdd5558b8ba5b854
- 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
Provisions in this library whose text cites Prob. Code, § 642. Each shows the citation as that text prints it.
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.