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Home » US Law » 2022 Indiana Code » Title 30. Trusts and Fiduciaries » Article 4. Trust Code » Chapter 1. General Provisions » 30-4-1-8. Effect of Requirement of Exercising Power of Appointment by Reference

Sec. 8. If a trust creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the settlor’s intention, in requiring that the grantee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

As added by P.L.252-2001, SEC.30.