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Chapter 36     Entire Code
‹ Chapter 35A  |  Chapter 36A › Printer Friendly Versions
Chapter 36  |  Article 36 - 5  |  Section 1
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 appointment.
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 appointment.
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 so made.

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 manner.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§36 - 12 - 1 - (New Code)
§36 - 12 - 2 - (New Code)
§36 - 12 - 3 - (New Code)
§36 - 12 - 4 - (New Code)
§36 - 12 - 5 - (New Code)
§36 - 12 - 6 - (New Code)
§36 - 12 - 7 - (New Code)
§36 - 12 - 8 - (New Code)
§36 - 12 - 9 - (New Code)
§36 - 12 - 10 - (New Code)
§36 - 12 - 11 - (New Code)
§36 - 12 - 12 - (New Code)
§36 - 12 - 13 - (New Code)
§36 - 12 - 14 - (New Code)
§36 - 12 - 15 - (New Code)
§36 - 12 - 16 - (New Code)
§36 - 12 - 17 - (New Code)
SENATE BILL - 3
PASSED - Regular Session

SB3 ENR  (Uploaded - 03/26/2014)
Creating Uniform Real Property Transfer on Death Act
§36 - 8 - 13 - (Amended Code)
HOUSE BILL - 2837
PASSED - Regular Session

HB2837 SUB ENR  (Uploaded - 05/07/2013)
Amending various provisions of the Code affecting the Treasurer's Office
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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