Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2704 (2026)

Power of appointment; exercise by reference; presumption

✓ current as of May 2026
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If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference, an express reference or a specific reference to the power or its source, it is presumed that the donor's intention was to prevent an inadvertent exercise of the power.

 

 

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Wetherill v. Basham, 3 P.3d 1118 (Ariz. Ct. App. 2000).
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Wetherill v. Basham, 3 P.3d 1118 (Ariz. Ct. App. 2000). · cites it 2× “” A.R.S. § 14-2704. Because the Kerns’ trust had no such requirement, that presumption did not arise.”
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