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Powers of Appointment Under the Restatement (Third) of Property

51 Pages Posted: 28 Jun 2010  

Ira Mark Bloom

Albany Law School

Date Written: 2007

Abstract

This Article examines the various impacts of the Restatement (Third) of Property’s treatment of powers of appointment. It considers how the power of appointment device can be used by contemporary estate planners to achieve important non-tax dispositive goals: flexibility, control and creditor protection. The Article first highlights decisions made in the Law Institute - blessed Tentative Draft on powers of appointment that will impact estate planner. The author goes on to point out that the Tentative Draft provides property rules that differ in many instances from the tax rules and concepts on power of appointment, and then identifies aspects of the Tentative Draft that would usefully be clarified before its final publication.

Keywords: Powers of Appointment, Estate planning, Restatement (Third) of Property

Suggested Citation

Bloom, Ira Mark, Powers of Appointment Under the Restatement (Third) of Property (2007). Ohio North University Law Review, Vol. 33, p. 755, 2007. Available at SSRN: https://ssrn.com/abstract=1631800

Ira Mark Bloom (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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