special power of appointment

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A special power of appointment is a legal authority granted to a person (the donee) under a trust or will, allowing them to designate who will receive certain property or assets, subject to specific limitations. The objects of the power in a special power of appointment cannot be the donee themself, their estate, their creditors or the creditors of their estate. For example, if the donee had the power to select only amongst the decedent’s children, that is a special power of appointment. 

This contrasts with a general power of appointment.

[Last updated in June of 2024 by the Wex Definitions Team]