WVC 36 -
CHAPTER 36. ESTATES AND PROPERTY.
WVC 36 - 5 -
ARTICLE 5. RELEASE OR DISCLAIMER OF POWERS OF APPOINTMENT.
WVC 36 - 5 - 1
§36-5-1. Release or disclaimer of general power of appointment.
Any general power, whether exercisable by will, by deed, by
will or deed, or otherwise, to appoint property, whether real or
personal or both, may be released or disclaimed by the person or
persons having such power, with or without consideration, wholly
or partially. Any such power may be released or disclaimed with
respect to the whole or any part of the property subject thereto;
and any such power may also be released or disclaimed in such
manner as to reduce, limit, or restrict the persons or objects,
or classes of persons or objects, to or among any one or more of
whom, but no others, the property subject to such power may be
appointed by an exercise thereof, as fully as the creator of such
power himself could have so reduced, limited or restricted the
same and with like effect as if he had.
WVC 36 - 5 - 2
§36-5-2. Method of effecting release or disclaimer of power of
Any release or disclaimer mentioned in section one of this
article may be effected by a written instrument signed and
acknowledged as a deed by the person or persons having the
general power to appoint mentioned in that section; and such
instrument may be delivered by filing it for record in the office
of the clerk of the county court of the county wherein the will,
deed or other instrument creating such power is recorded. Such
clerk shall record such instrument of release or disclaimer as a
deed is recorded, index it, and note a reference to the record
thereof on the margin of the record of the will, deed or other
instrument creating such power.
WVC 36 - 5 - 3
§36-5-3. Release or disclaimer of other than general power of
Any other power than a general one, whether exercisable by
will, by deed, by will or deed, or otherwise, to appoint
property, real or personal or both, may be released or disclaimed
to the extent that a release or disclaimer thereof would not be
contrary to any manifest intent or purpose of the creator of such
power expressly set forth in the will, deed or other instrument
creating such power; and to the extent so releasable or
disclaimable it may be released or disclaimed in like manner as
above provided in this article for the release or disclaimer of a
general power of appointment, and with like effect.
WVC 36 - 5 - 4
§36-5-4. Validity of release or disclaimer of power of
appointment heretofore made.
Any release or disclaimer of a general or other releasable
or disclaimable power of appointment heretofore made in
conformity with the provisions of the foregoing sections of this
article shall be as valid, binding and effective as if hereafter
WVC 36 - 5 - 5
§36-5-5. Other methods of release or disclaimer of power of
appointment not affected.
Nothing in this article contained shall affect the validity
of any release or disclaimer of any power of appointment
heretofore or hereafter lawfully effected in any other form or
Note: WV Code updated with legislation passed through the 2012 1st Special Session