Creation of power of appointment
Va. Code Ann. § 64.2-2707
in effectA. A power of appointment is created only if:
1. The instrument creating the power:
a. Is valid under applicable law; and
b. Except as otherwise provided in subsection B, transfers the appointive property; and
2. The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.
C. A power of appointment may not be created in a deceased individual.
D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
2016, c. 266 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/64.2-2707/Fetched: 10/17/2026