Hawaii Revised Statutes 560:2-608 Exercise of Power of Appointment.

§560:2-608 Exercise of power of appointment. In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if:

(1) The power is a general power and the creating instrument does not contain a gift if the power is not exercised; or

(2) The testator's will manifests an intention to include the property subject to the power. [L 1996, c 288, pt of §1]

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Last modified: October 27, 2016