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Simple English definitions for legal terms

discretionary power of appointment

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A quick definition of discretionary power of appointment:

A discretionary power of appointment is a type of power that someone can have over a group of people. This power allows the person to choose who will receive something, like money or property, from a group of people who fit a certain description. The person with the power can choose to use it or not, but if they do use it, they have to do it in a way that makes sense and follows the wishes of the person who gave them the power. This power can be used in different ways, either by giving it to only one person or by giving it to multiple people.

A more thorough explanation:

A discretionary power of appointment is a type of power that is not mandatory to exercise. The person who has the power can choose whether or not to use it. The power is valid as long as there is at least one person who fits the description of the class that the power can be exercised in favor of (the objects of the power).

If the person with the power of appointment (the donee) decides to use the discretionary power, they must do so intelligently and in line with the decedent's purpose. The exercise of discretionary power can be either exclusive or non-exclusive.

For example, let's say a wealthy individual creates a trust for their grandchildren. The trust document gives the trustee the power to distribute the trust assets to the grandchildren as they see fit. This is a discretionary power of appointment because the trustee can choose whether or not to distribute the assets to the grandchildren.

Another example is if a person creates a will that gives their spouse the power to distribute their assets to their children as they see fit. This is also a discretionary power of appointment because the spouse can choose whether or not to distribute the assets to the children.

These examples illustrate the definition of discretionary power of appointment because in both cases, the person with the power can choose whether or not to exercise it. They must do so intelligently and in line with the decedent's purpose.

discretionary | discretionary trust

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Dkk
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SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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