Trusts · Lesson 09
Powers of Appointment
這一課問的是：指定權之要件與效果為何？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
What are the requirements and effects of a power of appointment?
這一課問的是：指定權之要件與效果為何？
Trigger words & phrases that should flag this issue:
powerappointdoneepermissible appointeesexercise
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
power of appointment
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Authority to designate recipients of property.
指定權。
general
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Donee may appoint to anyone including self.
一般指定權。
special
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Donee limited to specified class.
特殊指定權。
testamentary
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Exercised by will only.
遺囑指定權。
inter vivos
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Exercised during life.
生前指定權。
permissible appointees
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Persons to whom donee may appoint.
可指定人。
default takers
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Take if power not exercised.
默認受贈人。
Rule Sentence · the workhorse
A power of appointment authorizes the donee to designate recipients of property; general powers permit appointment to anyone including the donee, while special powers limit to a specified class; powers may be testamentary or inter vivos, and unexercised powers pass property to default takers.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人donor + donee贈與人 + 被指定人
Act 行為creating + exercising power設立 + 行使
Object 對象property財產
Standard 法律標準scope + manner of exercise範圍 + 行使方法
Consequence 後果property appointed to designees財產指定給受贈人
Casebook Snapshot · a real American case
Various state cases · routine powers of appointment exercises
Holding. Powers of appointment are valid testamentary planning tools; exercise requires complying with the donor's manner of exercise and limitations.
Why it matters. Powers of appointment offer flexibility — allowing later parties to determine ultimate disposition.
指定權提供延後決定處分之彈性。
Common Mistakes · what trips students
✗ special power donee 可指定自己。
✓ Cannot include donee, except per terms.
通常不包含被指定人自身。
Mini IRAC · build the Application
Issue. Did donee D effectively exercise a special power of appointment limited to D's descendants when D's will appoints to D's stepchild?
Rule. A special power of appointment may be exercised only in favor of permissible appointees specified by the donor.
Application (model). The donor limited D's power to D's descendants; D's stepchild is not D's descendant. Because special powers must be exercised in favor of permissible appointees, the fact that the stepchild is not within the permitted class — descendants — means D's exercise is ineffective.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the appointment fails, and the property passes to default takers.
MBE Check · multiple choice
D has a general testamentary power of appointment over a trust. D's will fails to mention the power, but residuary clause says "I leave the residue of my estate to my children." Did D exercise?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: