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§2514(e), Lapse of Power 5 percent of the aggregate value of the assets out of which, or the proceeds of which, the exercise of the lapsed powers could be satisfied.
A release of a power of appointment need not be formal or express in character. For example, the failure to exercise a general power of appointment created after October 21, 1942,within a specified time so that the power lapses, constitutes a release of the power.
Such rights refer to the incidents of the power and not to other interests of the possessor of the power in the property. If effective under local law, the power may be disclaimed or renounced without disclaiming or renouncing such other interests.
A power to consume, invade, or appropriate property for the benefit of the possessor which is limited by an ascertainable standard relating to the health, education, support, or maintenance of the possessor shall not be deemed a general power of appointment.
A general power of appointment gives the holder, also known as the donee, the broad power to give away the decedent's property to whoever the holder determines. For example, if a holder of a power of appointment can give the property to anyone in the world, that is a general power of appointment.