Virginia Decodedhttps://vacode.org37613064.2-2707Creation of power of appointment2026Wills, Trusts, and FiduciariesProvisions Applicable to Probate and Nonprobate TransfersUniform Powers of Appointment ActCreation, Revocation, and Amendment of Power of Appointment

A. A power of appointment is created only if:

1. The instrument creating the power: a. Is valid under applicable law; and

b. Except as otherwise provided in subsection B, transfers the appointive property; and

2. The terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.

C. A power of appointment may not be created in a deceased individual.

D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

2016, c. 266.