Texas Estates Code

§ 255.351 — EXERCISE OF POWER OF APPOINTMENT THROUGH WILL

ES § 255.351Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part F. WILLS · Ch. 255. CONSTRUCTION AND INTERPRETATION OF WILLS · Art. H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL

Statute text

View on source

A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition of all of the testator's property unless:

(1)the testator makes a specific reference to the power in the will; or

(2)there is some other indication in writing that the testator intended to include the property subject to the power in the will.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.