Special Power of Appointment
Example: "I leave my cactus collection to my children, my wife Pat to choose who receives which cactus."
A special power of appointment allows the recipient to distribute the designated property among a specified group or class of people, not including donee, donee's estate, creditors of donee, or creditors of donee's estate. For example, a testator might grant his brother the special power to distribute property among the testator's three children. The brother would then have the authority to choose which of the testator's children gets which property. Unlike a general power of appointment, the refusal of the appointed party to exercise a specific power of appointment causes the designated property to revert as a gift to the members of a group or a class.
A special power of appointment may be exclusive or nonexclusive. If exclusive, the donee can appoint all the property to one or more members of the class of permissible appointees to the exclusion of the other members of the class. If nonexclusive, the donee must appoint some property to each object.
Special powers of appointment also appear in the context of a trust and are primarily used to reduce liability for generation-skipping transfer tax, or to provide asset protection trust features without fraudulent conveyance liability. Such trusts are referred to as SPA Trusts.
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Famous quotes containing the words special, power and/or appointment:
“We agree fully that the mother and unborn child demand special consideration. But so does the soldier and the man maimed in industry. Industrial conditions that are suitable for a stalwart, young, unmarried woman are certainly not equally suitable to the pregnant woman or the mother of young children. Yet “welfare” laws apply to all women alike. Such blanket legislation is as absurd as fixing industrial conditions for men on a basis of their all being wounded soldiers would be.”
—National Woman’s Party, quoted in Everyone Was Brave. As, ch. 8, by William L. O’Neill (1969)
“First, there is the power of the Wind, constantly exerted over the globe.... Here is an almost incalculable power at our disposal, yet how trifling the use we make of it! It only serves to turn a few mills, blow a few vessels across the ocean, and a few trivial ends besides. What a poor compliment do we pay to our indefatigable and energetic servant!”
—Henry David Thoreau (1817–1862)
“In not having an appointment at Harvard, I’m in the company of a great many people whose work I admire tremendously, in particular women of color.”
—Catharine MacKinnon (b. 1946)