UTC §302 permits the holder of a general testamentary power of appointment to represent and bind persons whose interests, as permissible appointees or takers in default, are subject to the power, but only if there is no conflict of interest between the powerholder and the persons represented with respect to the particular question or dispute.

UTC §302 permits the holder of a general testamentary power of appointment to represent and bind persons whose interests, as permissible appointees or takers in default, are subject to the power, but only if there is no conflict of interest between the powerholder and the persons represented with respect to the particular question or dispute.

Both DC §19-1303.02 and MD §14.5-302 omit the conflict of interest proviso because the powerholder can act to include or exclude the permissible appointees or takers in default regardless of whether a conflict of interest exists; this omission renders irrelevant any concern about a conflict of interest. VA §64.2-715 retains the conflict of interest proviso.

N.B. DC §19-1303.02 confusingly provides that the “holder of a power of appointment” may represent and bind permissible appointees or takers in default. This statute then defines a “qualified power of appointment” in the same manner as MD §14.5-302(b), described above, but there is no other reference elsewhere in the statute (or in the entire DC UTC) to a “qualified power of appointment,” and so it is unclear from a literal reading of DC §19-1303.02 whether the statute applies to any powerholder or only one who has a general power of appointment (or a broad limited power of appointment).

UTC §302 permits the holder of a general testamentary power of appointment to represent and bind persons whose interests, as permissible appointees or takers in default, are subject to the power, but only if there is no conflict of interest between the powerholder and the persons represented with respect to the particular question or dispute.

Both DC §19-1303.02 and MD §14.5-302 omit the conflict of interest proviso because the powerholder can act to include or exclude the permissible appointees or takers in default regardless of whether a conflict of interest exists; this omission renders irrelevant any concern about a conflict of interest. VA §64.2-715 retains the conflict of interest proviso.

N.B. MD §14.5-302 permits the holder of a “qualified power of appointment” to represent and bind permissible appointees or takers in default. The term “qualified power of appointment” is defined in MD §14.5-302(b) as either a general power of appointment or a power of appointment exercisable in favor of all persons other than the powerholder, his estate, his creditors, and creditors of his estate.