🔑 NY EPTL 10-9.1 Revocability of a power of appointment

In New York, EPTL 10-9.1 governs the revocability of a power of appointment, the revocability of an exercise of a power of appointment, and the ability of a donee to reappoint the same property.

Text of NY EPTL 10-9.1

§ 10-9.1 Revocability of a power of appointment

(a) A power of appointment is irrevocable unless the donor reserves the right to revoke it.

(b) An exercise of power of appointment is irrevocable whenever:

(1) The donor of a special power manifests his intention that its exercise be irrevocable, or

(2) The donee does not manifest in the instrument exercising the power his intention to reserve a power of revocation.

(c) If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to reappoint, upon the exercise of the power of revocation, the donee can reappoint.

(d) An instrument exercising a power of appointment is affected by fraud in the same manner as a deed or will, executed by an owner or by a trustee of property.

Notes on NY EPTL 10-9.1