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SCS/SBs 946 & 947 - This act modifies provisions relating to powers of appointment and gifts in fraud of marital rights. POWERS OF APPOINTMENT (Sections 456.985, 456.1035, 456.1080) Under current law, there are exceptions to the general rule that the terms of a document creating or exercising a power of appointment shall take precedence over statutes governing powers of appointment. This act adds to this list of exceptions and provides that a power of appointment can only be created when a legally valid document manifests the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee. Additionally, a powerholder of a nongeneral power may create a nongeneral power in a permissible appointee. GIFTS GIVEN IN FRAUD OF MARITAL RIGHTS (Section 474.150) Under current law, a gift given by a person in fraud of marital rights may be recovered by the surviving spouse and applied to the payment of the spouse's share of the estate. This act specifies that the surviving spouse may recover the gift made in fraud of the marital rights when the decedent and the surviving spouse were married at the time the gift was made. JESSI JAMES
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