Truly Agreed, 2016


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SS HCS HB 1765, 2016    (New Section - Proposed Language)

456.1090. 1. A powerholder of a presently exercisable power of appointment may contract:
     (1) Not to exercise the power; or
     (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
     2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
     (1) Is also the donor of the power; and
     (2) Has reserved the power in a revocable trust.


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