Probate
Jun. 5, 2020
A powers of appointment statute in need of repeal
A recent Court of Appeal decision demonstrates once again that an unusual statute prohibiting judicial reformations of power of appointment exercise documents needs to be repealed.
Jeffrey A. Dennis-Strathmeyer
Jeffrey is an attorney based in Pleasant Hill.
The May 15 Court of Appeal decision in Estate of Timothy W. Eimers, 2020 DJDAR 4681, demonstrates once again that an unusual statute prohibiting judicial reformations of power of appointment exercise documents needs to be repealed. That statute is Probate Code Section 631(b), which expressly prohibits a court from "excusing" the failure of a power of appointmen...
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