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This entry was published on 2014-09-22
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SECTION 10-9.1
Revocability of a power of appointment
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 9
§ 10-9.1 Revocability of a power of appointment

(a) A power of appointment is irrevocable unless the donor reserves
the right to revoke it.

(b) An exercise of power of appointment is irrevocable whenever:

(1) The donor of a special power manifests his intention that its
exercise be irrevocable, or

(2) The donee does not manifest in the instrument exercising the power
his intention to reserve a power of revocation.

(c) If the donee in exercising a power reserves a power to revoke the
appointment, but does not expressly reserve a power to reappoint, upon
the exercise of the power of revocation, the donee can reappoint.

(d) An instrument exercising a power of appointment is affected by
fraud in the same manner as a deed or will, executed by an owner or by a
trustee of property.