566:1 Definitions. – A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless […]
566:1-a Special Power of Appointment. – As a clarification of existing law, unless a testamentary power of appointment expressly states that it is a general power of appointment or expressly authorizes the donee to exercise the power of appointment in favor of one or more of the donee’s creditors, the donee’s estate or the […]
566:2 Release. – I. A power releasable according to RSA 566:1, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the power, […]
566:3 Effect. – A release executed by the donee of a power releasable according to RSA 566:1, or under common law, and delivered or filed in accordance with RSA 566:2, I, shall, subject to RSA 566:2, II, be effective to release the power to the extent in such release provided, whether it in substance […]
566:4 Two or More Donees. – If a power of appointment releasable according to RSA 566:1, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release or disclaimer of the power, in whole or in part, executed, and delivered or filed, […]
566:5 Definition of Release. – The word "release," as used in RSA 566:1-4, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (2) an instrument wherein the […]
566:6 Limitation. – Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power. Source. 1947, 248:1, par. 6. RL 364-A:6.
566:7 Construction. – RSA 566:1-6, shall so far as possible be deemed to be declaratory of the common law of this state. Said sections shall be liberally construed so as to effectuate the intent that all powers of appointment whatsoever shall be releasable unless otherwise expressly provided in the instrument creating the power. Source. […]
566:8 Donee May Disclaim. – A donee of a power of appointment may disclaim the same at any time, wholly or in part, in the same manner and to the same extent as he might release it. Source. 1947, 248:1, par. 8. RL 364-A:8.
566:9 Other Releases. – Nothing in RSA 566:1-8, shall prevent the release in any lawful manner of any releasable power of appointment or the disclaimer in any lawful manner of any power of appointment. Source. 1947, 248:1, par. 9. RL 364-A:9.