Probate Code section 16606

(a)

This chapter does not apply to any of the following:

(1)

A power of appointment.

(2)

The power to appoint or remove a trustee or trust director.

(3)

The power of a settlor over a trust, to the extent the settlor has a power to revoke the trust.

(4)

The power of a beneficiary over a trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary.

(5)

The power over a trust if both of the following apply:

(A)

The terms of the trust provide that the power is held in a nonfiduciary capacity.

(B)

The power is required to be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.

(b)

Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.

Source: Section 16606, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=16606.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 16606’s source at ca​.gov