N.Y. Estates, Powers & Trusts Law Section 10-9.1
Revocability of a power of appointment

§ 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.

Source: Section 10-9.1 — Revocability of a power of appointment, https://www.­nysenate.­gov/legislation/laws/EPT/10-9.­1 (updated Sep. 22, 2014; accessed May 4, 2024).

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Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 10-9.1’s source at nysenate​.gov

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