(a) 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) of this section, 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) of this section 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.
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