(1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (a) The power is exercisable only at the powerholder's death; and(b) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.Added by 2014 Ch. 209, § 1, eff. 7/1/2015.L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 775, § 1, effective 7/1/2015.OFFICIAL COMMENTThis section is designed to remedy a recurring drafting mistake. A testamentary power of appointment created in a defined and limited class that happens to include the powerholder is usually intended to be a nongeneral power. For example, a testamentary power created in one of the donor's descendants (such as the donor's child or grandchild) to appoint among the donor's 'descendants' or 'issue' is typically intended to be a nongeneral power. See, for example, PLR 201229005 (stating the ruling of the Internal Revenue Service that a testamentary power of appointment in the donor's son, exercisable in favor of the donor's 'issue,' is a nongeneral power for

, PLR 201229005 (stating the ruling of the Internal Revenue Service that a testamentary power of appointment in the donor's son, exercisable in favor of the donor's 'issue,' is a nongeneral power for purposes of 26 U.S.C. § 2041). Accordingly, the presumption of this Section is that such a power is nongeneral.On the meaning of the well-accepted term of art 'defined and limited,' see the Comment to Section 205. See also Restatement Third of Property: Wills and Other Donative Transfers § 17.5, Comment c.