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May 27, 2024 Fog | 62°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 10: Powers of appointment

Section 10. (a) A will incorporating by reference the terms of this chapter shall not exercise a power of appointment unless (i) the will complies with any conditions imposed on the exercise of the power, (ii) the appointment is within the scope of the power, and (iii) the will expressly refers to the power or expresses an intent to exercise any power of appointment held by the testator.

(b) If a power of appointment is exercised as provided in subsection (a), the appointed property shall pass as part of the statutory will estate unless the will provides otherwise.