Section 671 Of Chapter 5. Effect Of Failure To Make Effective Appointment From California Probate Code >> Division 2. >> Part 14. >> Chapter 5.
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. (a) Unless the creating instrument or the donee, in writing,
manifests a contrary intent, where the donee dies without having
exercised an imperative power of appointment either in whole or in
part, the persons designated as permissible appointees take equally
of the property not already appointed. Where the creating instrument
establishes a minimum distribution requirement that is not satisfied
by an equal division of the property not already appointed, the
appointees who have received a partial appointment are required to
return a pro rata portion of the property they would otherwise be
entitled to receive in an amount sufficient to meet the minimum
distribution requirement.
(b) Where an imperative power of appointment has been exercised
defectively, either in whole or in part, its proper execution may be
adjudged in favor of the person intended to be benefited by the
defective exercise.
(c) Where an imperative power of appointment has been created so
that it confers on a person a right to have the power exercised in
the person's favor, the proper exercise of the power can be compelled
in favor of the person, or the person's assigns, creditors,
guardian, or conservator.