The last step in drafting a will or trust is to scan the document or documents to see if a general power of appointment lurks within that could cause unpleasant surprises at death.1 A general power of appointment, in contrast to a special power of appointment, is one that can be exercised by the person to whom it was given in favor of that individual, that individual’s estate, the creditors of that individual or the creditors of that individual’s estate.2 In other words, the holder of a general power of appointment can benefit from the exercise of the power.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.