{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2700.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2700.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2700.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2700.html"}],"law_id":376126,"edition_id":2,"section_id":376126,"structure_id":53490,"section_number":"64.2-2700","catch_line":"Definitions","history":"1944, p. 67; Michie Suppl. 1946, \u00a7 5440(1); Code 1950, \u00a7 55-278; 2012, c. 614; 2016, c. 266.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\n\t\t“Appointee” means a person to which a powerholder makes an appointment of appointive property.\n\n\t\t“Appointive property” means the property or property interest subject to a power of appointment.\n\n\t\t“Blanket-exercise clause” means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. “Blanket-exercise clause” includes a clause that:\n\n1\n\nExpressly uses the words “any power” in exercising any power of appointment the powerholder has;\n\n2\n\nExpressly uses the words “any property” in appointing any property over which the powerholder has a power of appointment; or\n\n3\n\nDisposes of all property subject to disposition by the powerholder.\n\t\t\t“Donor” means a person that creates a power of appointment.\n\n\t\t\t“Exclusionary power of appointment” means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.\n\n\t\t\t“General power of appointment” means a power of appointment exercisable in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate.\n\n\t\t\t“Gift-in-default clause” means a clause in the instrument creating the power identifying a taker in default of appointment.\n\n\t\t\t“Impermissible appointee” means a person that is not a permissible appointee.\n\n\t\t\t“Instrument” means a record.\n\n\t\t\t“Nongeneral power of appointment” means a power of appointment that is not a general power of appointment.\n\n\t\t\t“Permissible appointee” means a person in whose favor a powerholder may exercise a power of appointment.\n\n\t\t\t“Person” means an individual; estate; trust; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\n\n\t\t\t“Powerholder” means a person in which a donor creates a power of appointment.\n\n\t\t\t“Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. “Power of appointment” does not include a power of attorney.\n\n\t\t\t“Presently exercisable power of appointment” means a power of appointment exercisable by the powerholder at the relevant time. “Presently exercisable power of appointment”:\n\n1\n\nIncludes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:\n\t\t\ta. The occurrence of the specified event;\n\n\t\t\tb. The satisfaction of the ascertainable standard; or\n\n\t\t\tc. The passage of the specified time; and\n\n2\n\nDoes not include a power exercisable only at the powerholder’s death.\n\t\t\t“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\n\t\t\t“Specific-exercise clause” means a clause in an instrument which specifically refers to and exercises a particular power of appointment.\n\n\t\t\t“Taker in default of appointment” means a person that takes all or part of the appointive property to the extent that the powerholder does not effectively exercise the power of appointment.\n\n\t\t\t“Terms of the instrument” means the manifestation of the intent of the maker of the instrument regarding the instrument’s provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.\n\n","order_by":null,"text":{"0":{"id":1404399,"text":"As used in this chapter, unless the context requires a different meaning:\t\t“Appointee” means a person to which a powerholder makes an appointment of appointive property.\t\t“Appointive property” means the property or property interest subject to a power of appointment.\t\t“Blanket-exercise clause” means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. “Blanket-exercise clause” includes a clause that:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1404400,"text":"Expressly uses the words “any power” in exercising any power of appointment the powerholder has;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1404401,"text":"Expressly uses the words “any property” in appointing any property over which the powerholder has a power of appointment; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1404402,"text":"Disposes of all property subject to disposition by the powerholder.\n\t\t\t“Donor” means a person that creates a power of appointment.\t\t\t“Exclusionary power of appointment” means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.\t\t\t“General power of appointment” means a power of appointment exercisable in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate.\t\t\t“Gift-in-default clause” means a clause in the instrument creating the power identifying a taker in default of appointment.\t\t\t“Impermissible appointee” means a person that is not a permissible appointee.\t\t\t“Instrument” means a record.\t\t\t“Nongeneral power of appointment” means a power of appointment that is not a general power of appointment.\t\t\t“Permissible appointee” means a person in whose favor a powerholder may exercise a power of appointment.\t\t\t“Person” means an individual; estate; trust; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\t\t\t“Powerholder” means a person in which a donor creates a power of appointment.\t\t\t“Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. “Power of appointment” does not include a power of attorney.\t\t\t“Presently exercisable power of appointment” means a power of appointment exercisable by the powerholder at the relevant time. “Presently exercisable power of appointment”:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"1"},"4":{"id":1404403,"text":"Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:\n\t\t\ta. The occurrence of the specified event;\t\t\tb. The satisfaction of the ascertainable standard; or\t\t\tc. The passage of the specified time; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3","next_prefix":"2"},"5":{"id":1404404,"text":"Does not include a power exercisable only at the powerholder’s death.\n\t\t\t“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\t\t\t“Specific-exercise clause” means a clause in an instrument which specifically refers to and exercises a particular power of appointment.\t\t\t“Taker in default of appointment” means a person that takes all or part of the appointive property to the extent that the powerholder does not effectively exercise the power of appointment.\t\t\t“Terms of the instrument” means the manifestation of the intent of the maker of the instrument regarding the instrument’s provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":53490,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":53489,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 03:17:10","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502949,"object_type":"structure","relational_id":53490,"identifier":"1","token":"64.2\/V\/27\/1","url":"\/64.2\/V\/27\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53489,"edition_id":2,"name":"Uniform Powers of Appointment Act","identifier":"27","label":"chapter","depth":3,"order_by":6,"parent_id":53483,"metadata":{"child_laws":39,"child_structures":6},"date_created":"2026-08-02 03:17:10","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502947,"object_type":"structure","relational_id":53489,"identifier":"27","token":"64.2\/V\/27","url":"\/64.2\/V\/27\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53483,"edition_id":2,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":53424,"metadata":{"child_laws":90,"child_structures":12},"date_created":"2026-08-02 03:17:05","date_modified":"2026-08-02 12:37:24","permalink":{"id":1502731,"object_type":"structure","relational_id":53483,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376126,"structure_id":53490,"section_number":"64.2-2700","catch_line":"Definitions","url":"\/64.2-2700\/","token":"64.2\/V\/27\/1\/64.2-2700","metadata":false},{"id":376127,"structure_id":53490,"section_number":"64.2-2701","catch_line":"Repealed","url":"\/64.2-2701\/","token":"64.2\/V\/27\/1\/64.2-2701","metadata":false},{"id":376128,"structure_id":53490,"section_number":"64.2-2705","catch_line":"Governing law","url":"\/64.2-2705\/","token":"64.2\/V\/27\/1\/64.2-2705","metadata":false},{"id":376129,"structure_id":53490,"section_number":"64.2-2706","catch_line":"Common law and principles of equity","url":"\/64.2-2706\/","token":"64.2\/V\/27\/1\/64.2-2706","metadata":false}],"next_section":{"id":376127,"structure_id":53490,"section_number":"64.2-2701","catch_line":"Repealed","url":"\/64.2-2701\/","token":"64.2\/V\/27\/1\/64.2-2701","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2700\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapter 614<\/a>; in 2016, chapter 266<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1502951,"object_type":"law","relational_id":376126,"identifier":"64.2-2700","token":"64.2\/V\/27\/1\/64.2-2700","url":"\/64.2-2700\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2700\/","token":"64.2\/V\/27\/1\/64.2-2700","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2700","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:

\t\t“Appointee<\/span>” means a person<\/span> to which a powerholder<\/span> makes an appointment of appointive property<\/span>.

\t\t“Appointive property<\/span>” means the property or property interest subject to a power of appointment<\/span>.

\t\t“Blanket-exercise clause<\/span>” means a clause in an instrument<\/span> which exercises a power of appointment<\/span> and is not a specific-exercise clause<\/span>. “Blanket-exercise clause<\/span>” includes a clause that:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Expressly uses the words “any power” in exercising any power of appointment<\/span> the powerholder<\/span> has; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Expressly uses the words “any property” in appointing any property over which the powerholder<\/span> has a power of appointment<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disposes of all property subject to disposition<\/span> by the powerholder<\/span>.\n\t\t\t“Donor<\/span>” means a person<\/span> that creates a power of appointment<\/span>.

\t\t\t“Exclusionary power of appointment<\/span>” means a power of appointment<\/span> exercisable in favor of any one or more of the permissible appointees<\/span> to the exclusion of the other permissible appointees<\/span>.

\t\t\t“General power of appointment<\/span>” means a power of appointment<\/span> exercisable in favor of the powerholder<\/span>, the powerholder<\/span>’s estate, a creditor<\/span> of the powerholder<\/span>, or a creditor<\/span> of the powerholder<\/span>’s estate.

\t\t\t“Gift-in-default clause<\/span>” means a clause in the instrument<\/span> creating the power identifying a taker in default of appointment<\/span>.

\t\t\t“Impermissible appointee<\/span>” means a person<\/span> that is not a permissible appointee<\/span>.

\t\t\t“Instrument<\/span>” means a record<\/span>.

\t\t\t“Nongeneral power of appointment<\/span>” means a power of appointment<\/span> that is not a general power of appointment<\/span>.

\t\t\t“Permissible appointee<\/span>” means a person<\/span> in whose favor a powerholder<\/span> may exercise a power of appointment<\/span>.

\t\t\t“Person<\/span>” means an individual; estate; trust; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

\t\t\t“Powerholder<\/span>” means a person<\/span> in which a donor<\/span> creates a power of appointment<\/span>.

\t\t\t“Power of appointment<\/span>” means a power that enables a powerholder<\/span> acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment<\/span> over the appointive property<\/span>. “Power of appointment<\/span>” does not include a power of attorney<\/span>.

\t\t\t“Presently exercisable power of appointment<\/span>” means a power of appointment<\/span> exercisable by the powerholder<\/span> at the relevant time. “Presently exercisable power of appointment<\/span>”: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Includes a power of appointment<\/span> not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:\n\t\t\ta. The occurrence of the specified event;

\t\t\tb. The satisfaction of the ascertainable standard; or

\t\t\tc. The passage of the specified time; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Does not include a power exercisable only at the powerholder<\/span>’s death.\n\t\t\t“Record<\/span>” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

\t\t\t“Specific-exercise clause<\/span>” means a clause in an instrument which specifically refers to and exercises a particular power of appointment<\/span>.

\t\t\t“Taker in default of appointment<\/span>” means a person<\/span> that takes all or part of the appointive property<\/span> to the extent that the powerholder<\/span> does not effectively exercise the power of appointment<\/span>.

\t\t\t“Terms of the instrument<\/span>” means the manifestation of the intent<\/span> of the maker of the instrument regarding the instrument’s provisions as expressed in the instrument or as may be established by other evidence<\/span> that would be admissible<\/span> in a legal proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 64.2-2700)\n\nAs used in this chapter, unless the context requires a different\nmeaning:\t\t“Appointee” means a person to which a powerholder makes an\nappointment of appointive property.\t\t“Appointive property” means the\nproperty or property interest subject to a power of\nappointment.\t\t“Blanket-exercise clause” means a clause in an\ninstrument which exercises a power of appointment and is not a specific-exercise\nclause. “Blanket-exercise clause” includes a clause that:\n\n1. Expressly uses the words “any power” in exercising any power of\nappointment the powerholder has;\n\n2. Expressly uses the words “any property” in appointing any\nproperty over which the powerholder has a power of appointment; or\n\n3. Disposes of all property subject to disposition by the powerholder.\n\t\t\t“Donor” means a person that creates a power of\nappointment.\t\t\t“Exclusionary power of appointment” means a power of\nappointment exercisable in favor of any one or more of the permissible\nappointees to the exclusion of the other permissible\nappointees.\t\t\t“General power of appointment” means a power of\nappointment exercisable in favor of the powerholder, the powerholder’s\nestate, a creditor of the powerholder, or a creditor of the powerholder’s\nestate.\t\t\t“Gift-in-default clause” means a clause in the instrument\ncreating the power identifying a taker in default of\nappointment.\t\t\t“Impermissible appointee” means a person that is not\na permissible appointee.\t\t\t“Instrument” means a\nrecord.\t\t\t“Nongeneral power of appointment” means a power of\nappointment that is not a general power of appointment.\t\t\t“Permissible\nappointee” means a person in whose favor a powerholder may exercise a\npower of appointment.\t\t\t“Person” means an individual; estate; trust;\nbusiness or nonprofit entity; public corporation; government or governmental\nsubdivision, agency, or instrumentality; or other legal\nentity.\t\t\t“Powerholder” means a person in which a donor creates a\npower of appointment.\t\t\t“Power of appointment” means a power that\nenables a powerholder acting in a nonfiduciary capacity to designate a recipient\nof an ownership interest in or another power of appointment over the appointive\nproperty. “Power of appointment” does not include a power of\nattorney.\t\t\t“Presently exercisable power of appointment” means a\npower of appointment exercisable by the powerholder at the relevant time.\n“Presently exercisable power of appointment”:\n\n1. Includes a power of appointment not exercisable until the occurrence of a\nspecified event, the satisfaction of an ascertainable standard, or the passage\nof a specified time only after:\n\t\t\ta. The occurrence of the specified event;\t\t\tb. The satisfaction of the\nascertainable standard; or\t\t\tc. The passage of the specified time; and\n\n2. Does not include a power exercisable only at the powerholder’s death.\n\t\t\t“Record” means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\t\t\t“Specific-exercise clause” means a clause in an\ninstrument which specifically refers to and exercises a particular power of\nappointment.\t\t\t“Taker in default of appointment” means a person that\ntakes all or part of the appointive property to the extent that the powerholder\ndoes not effectively exercise the power of appointment.\t\t\t“Terms of the\ninstrument” means the manifestation of the intent of the maker of the\ninstrument regarding the instrument’s provisions as expressed in the\ninstrument or as may be established by other evidence that would be admissible\nin a legal proceeding.\n\nHISTORY: 1944, p. 67; Michie Suppl. 1946, \u00a7 5440(1); Code 1950, \u00a7 55-278;\n2012, c. 614; 2016, c. 266.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}