ENROLLED ORIGINAL
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AN ACT
_____________
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
__________________________
To amend Title 19 of the District of Columbia Official Code to enact the Uniform Powers of
Appointment Act, to provide a statutory framework for the creation, amendment,
revocation, and exercise of powers of appointment, including rules governing appointments to deceased or impermissible appointees, disposition of unappointed property, releasing powers of appointment, a powerholder’s ability to revoke or amend an exercise of power, contracts to exercise or not to exercise powers of appointment, and creditors’ claims on appointive property.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Uniform Powers of Appointment Act of 2024”.
Sec. 2. Title 19 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by inserting the phrase at the end:
“17. Uniform Powers of Appointment Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1701.01”.
(b) A new C hapter 17 is added to read as follows:
“CHAPTER 17
“UNIFORM POWERS OF APPOINTMENT CODE .
“SUBCHAPTER I. GENERAL PROVISIONS.
“Sec.
“19-1701.01. Short title.
“19-1701.02. Definitions.
“19-1701.03. Governing law.
“19-1701.04. Common law and principles of equity.
“SUBCHAPTER II. CREATION, REVOCATION, AND AMENDMENT OF POWER OF
APPOINTMENT.
“19-1702.01. Creation of power of appointment.
“19-1702.02. Nontransferability.
“19-1702.03. Presumption of unlimited authority.
“19-1702.04. Exception to presumption of unlimited authority.
“19-1702.05. Rules of classification.
“19-1702.06. Power to revoke or amend. ENROLLED ORIGINAL
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“SUBCHAPTER III. EXERCISE OF POWER OF APPOINTMENT.
“19-1703.01. Requisites for exercise of power of appointment.
“19-1703.02. Intent to exercise: determining intent from residuary clause.
“19-1703.03. Intent to exercise: after-acquired power.
“19-1703.04. Substantial compliance with donor-imposed formal requirement.
“19-1703.05. Permissible appointment.
“19-1703.06. Appointment to deceased appointee or permissible appointee’s descendant.
“19-1703.07. Impermissible appointment.
“19-1703.08. Selective allocation doctrine.
“19-1703.09. Capture doctrine: disposition of ineffectively appointed property under general
power.
“19-1703.10. Disposition of unappointed property under released or unexercised general power.
“19-1703.11. Disposition of unappointed property under released or unexercised nongeneral
power.
“19-1703.12. Disposition of unappointed property if partial appointment to taker in default.
“19-1703.13. Appointment to taker in default.
“19-1703.14. Powerholder’s authority to revoke or amend exercise.
“SUBCHAPTER IV. DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO
APPOINT.
“19-1704.01. Disclaimer.
“19-1704.02. Authority to release.
“19-1704.03. Method of release.
“19-1704.04. Revocation or amendment of release.
“19-1704.05. Power to contract: presently exercisable power of appointment.
“19-1704.06. Power to contract: power of appointment not presently exercisable.
“19-1704.07. Remedy for breach of contract to appoint or not to appoint.
“SUBCHAPTER V. RIGHTS OF POWERHOLDER’S CREDITORS IN APPOINTIVE
PROPERTY.
“19-1705.01. Creditor claim: general power created by powerholder.
“19-1705.02. C reditor claim: general power not created by powerholder.
“19-1705.03. Power to withdraw.
“19-1705.04. Creditor claim: nongeneral power.
“SUBCHAPTER VI. MISCELLANEOUS PROVISIONS.
“19-1706.01. Uniformity of application and construction.
“19-1706.02. Relation to electronic signatures in global and national commerce act.
“19-1706.03. Application to existing relationships.
“SUBCHAPTER I. GENERAL PROVISIONS.
Ҥ 19- 1701.01. Short title.
“This chapter may be cited as the “ Uniform Powers of Appointment Code ”.
Ҥ 19- 1701.02. Definitions.
“For the purposes of this chapter, the term: ENROLLED ORIGINAL
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“(1) “Appointee” means a person to which a powerholder makes an appointment
of appointive property.
“(2) “Appointive property” means the property or property interest subject to a
power of appointment.
“(3) “Blanket-exercise clause” means a clause in an instrument which exercises a
power of appointment and is not a specific-exercise clause. The term “blanket-exercise clause”
includes a clause that:
“(A) Expressly uses the words “any power” in exercising any power of
appointment the powerholder has;
“(B) Expressly uses the words “any property” in appointing any property
over which the powerholder has a power of appointment; or
“(C) Disposes of all property subject to disposition by the powerholder.
“(4) “Donor” means a person that creates a power of appointment.
“(5) “Exclusionary power of appointment” means a power of appointment
exercisable in favor of any one or more of the permissible appointees to the exclusion of the
other permissible appointees.
“(6) “General power of appointment” means a power of appointment exercisable
in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor
of the powerholder’s estate.
“(7) “Gift-in-default clause” means a clause identifying a taker in default of
appointment.
“(8) “Impermissible appointee” means a person that is not a permissible
appointee.
“(9) “Instrument” means a writing.
“(10) “Nongeneral power of appointment” means a power of appointment that is
not a general power of appointment.
“(11) “Permissible appointee” means a person in whose favor a powerholder may
exercise a power of appointment.
“(12) “Person” means an individual, estate, trust, business or nonprofit entity,
public corporation, government or governmental subdivision, agency, or instrumentality, or other
legal entity.
“(13) “Power of appointment” means a power that enables a powerholder acting
in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of
appointment over the appointive property. The term “power of appointment” does not include a
power of attorney.
“(14) “Powerholder” means a person in which a donor creates a power of
appointment.
“(15)(A) “Presently exercisable power of appointment” means a power of
appointment exercisable by the powerholder at the relevant time. ENROLLED ORIGINAL
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“(B) The term “presently exercisable power of appointment” includes a
power of appointment not exercisable until the occurrence of a specified event, the satisfaction of
an ascertainable standard, or the passage of a specified time only after:
“(i) The occurrence of the specified event;
“(ii) The satisfaction of the ascertainable standard; or
“(iii) The passage of the specified time.
“(C) The term “presently exercisable power of appointment” does not
include a power of appointment exercisable only at the powerholder’s death.
“(16) “Specific- exercise clause” means a clause in an instrument which
specifically refers to and exercises a particular power of appointment.
“(17) “Taker in default of appointment” means a person that takes all or part of
the appointive property to the extent the powerholder does not effectively exercise the power of
appointment.
“(18) “Terms of the instrument” means the manifestation of the intent of the
maker of the instrument regarding the instrument’s provisions as expressed in the instrument or
as may be established by other evidence that would be admissible in a legal proceeding.
Ҥ 19- 1701.03. Governing law.
“Unless the terms of the instrument creating a power of appointment manifest a contrary
intent:
“(1) The creation, revocation, or amendment of the power is governed by the law
of the donor’s domicile at the relevant time; and
“(2) The exercise, release, or disclaimer of the power, or the revocation or
amendment of the exercise, release, or disclaimer of the power, is governed by the law of the
powerholder’s domicile at the relevant time.
Ҥ 19- 1701.04. Common law and principles of equity.
“The common law and principles of equity supplement this chapter, except to the extent
modified by this chapter or law of the District of Columbia other than this chapter.
“SUBCHAPTER II. CREATION, REVOCATION, AND AMENDMENT OF POWER OF
APPOINTMENT.
Ҥ 19- 1702.01. Creation of power of appointment.
“(a) A power of appointment is created only if:
“(1) The instrument creating the power:
“(A) Is valid under applicable law; and
“(B) Except as otherwise provided in subsection (b) of this section,
transfers the appointive property; and
“(2) The terms of the instrument creating the power manifest the donor’s intent to
create in a powerholder a power of appointment over the appointive property exercisable in favor
of a permissible appointee.
“(b) Subsection (a)(1)(B) of this section does not apply to the creation of a power of
appointment by the exercise of a power of appointment.
“(c) A power of appointment may not be created in a deceased individual. ENROLLED ORIGINAL
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“(d) Subject to an applicable rule against perpetuities, a power of appointment may be
created in an unborn or unascertained powerholder.
Ҥ 19- 1702.02. Nontransferability.
“A powerholder may not transfer a power of appointment. If a powerholder dies without
exercising or releasing a power, the power lapses.
Ҥ 19- 1702.03. Presumption of unlimited authority.
“Subject to § 19- 1702.05, and unless the terms of the instrument creating a power of
appointment manifest a contrary intent, the power is:
“(1) Presently exercisable;
“(2) Exclusionary; and
“(3) Except as otherwise provided in § 19- 1702.04, general.
Ҥ 19- 1702.04. Exception to presumption of unlimited authority.
“Unless the terms of the instrument creating a power of appointment manifest a contrary
intent, the power is nongeneral if:
“(1) The power is exercisable only at the powerholder’s death; and
“(2) 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.
Ҥ 19- 1702.05. Rules of classification.
“(a) In this section, the term “adverse party” means a person with a substantial beneficial
interest in property which would be affected adversely by a powerholder’s exercise or
nonexercise of a power of appointment in favor of the powerholder, the powerholder’s estate, a
creditor of the powerholder, or a creditor of the powerholder’s estate.
“(b) If a powerholder may exercise a power of appointment only with the consent or
joinder of an adverse party, the power is nongeneral.
“(c) If the permissible appointees of a power of appointment are not defined and limited,
the power is exclusionary.
Ҥ 19- 1702.06. Power to revoke or amend.
“A donor may revoke or amend a power of appointment only to the extent that:
“(1) The instrument creating the power is revocable by the donor; or
“(2) The donor reserves a power of revocation or amendment in the instrument
creating the power of appointment.
“SUBCHAPTER III. EXERCISE OF POWER OF APPOINTMENT.
Ҥ 19- 1703.01. Requisites for exercise of power of appointment.
“A power of appointment is exercised only:
“(1) If the instrument exercising the power is valid under applicable law;
“(2) If the terms of the instrument exercising the power:
“(A) Manifest the powerholder’s intent to exercise the power; and
“(B) Subject to § 19- 1703.04, satisfy the requirements of exercise, if any,
imposed by the donor; and
“(3) To the extent the appointment is a permissible exercise of the power. ENROLLED ORIGINAL
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Ҥ 19- 1703.02. Intent to exercise: determining intent from residuary clause.
“(a) For the purposes of this section, the term:
“(1) “Residuary clause” does not include a residuary clause containing a blanket-
exercise clause or a specific- exercise clause.
“(2) “Will” includes a codicil and a testamentary instrument that revises another
will.
“(b) A residuary clause in a powerholder’s will, or a comparable clause in the
powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of
appointment only if:
“(1) The terms of the instrument containing the residuary clause do not manifest a
contrary intent;
“(2) The power is a general power exercisable in favor of the powerholder’s
estate;
“(3) There is no gift-in-default clause or the clause is ineffective; and
“(4) The powerholder did not release the power.
Ҥ 19- 1703.03. Intent to exercise after-acquired power.
“Unless the terms of the instrument exercising a power of appointment manifest a
contrary intent:
“(1) Except as otherwise provided in paragraph (2) of this section, a blanket-
exercise clause extends to a power acquired by the powerholder after executing the instrument
containing the clause; and
“(2) If the powerholder is also the donor of the power, the clause does not extend
to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Ҥ 19- 1703.04. Substantial compliance with donor-imposed formal requirement.
“A powerholder’s substantial compliance with a formal requirement of appointment
imposed by the donor, including a requirement that the instrument exercising the power of
appointment make reference or specific reference to the power, is sufficient if:
“(1) The powerholder knows of and intends to exercise the power; and
“(2) The powerholder’s manner of attempted exercise of the power does not
impair a material purpose of the donor in imposing the requirement.
Ҥ 19- 1703.05. Permissible appointment.
“(a) A powerholder of a general power of appointment that permits appointment to the
powerholder or the powerholder’s estate may make any appointment, including an appointment
in trust or creating a new power of appointment, that the powerholder could make in disposing of
the powerholder’s own property.
“(b) A powerholder of a general power of appointment that permits appointment only to
the creditors of the powerholder or of the powerholder’s estate may appoint only to those
creditors.
“(c) Unless the terms of the instrument creating a power of appointment manifest a
contrary intent, the powerholder of a nongeneral power may: ENROLLED ORIGINAL
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“(1) Make an appointment in any form, including an appointment in trust, in favor
of a permissible appointee;
“(2) Create a general power in a permissible appointee;
“(3) Create a nongeneral power in any person to appoint to one or more of the
permissible appointees of the original nongeneral power; and
“(4) Create a nongeneral power in a permissible appointee to appoint to one or
more persons if the permissible appointees of the new nongeneral power include the permissible
appointees of the original nongeneral power.
“§ 19- 1703.06. Appointment to deceased appointee or permissible appointee’s
descendant.
“(a) Subject to § 18- 308, an appointment to a deceased appointee is ineffective.
“(b) Unless the terms of the instrument creating a power of appointment manifest a
contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or
create a new power of appointment in, a descendant of a deceased permissible appointee whether
or not the descendant is described by the donor as a permissible appointee.
Ҥ 19- 1703.07. Impermissible appointment.
“(a) Except as otherwise provided in § 19- 1703.06, an exercise of a power of
appointment in favor of an impermissible appointee is ineffective.
“(b) An exercise of a power of appointment in favor of a permissible appointee is
ineffective to the extent the appointment is a fraud on the power.
Ҥ 19- 1703.08. Selective allocation doctrine.
“If a powerholder exercises a power of appointment in a disposition that also disposes of
property the powerholder owns, the owned property and the appointive property must be
allocated in the permissible manner that best carries out the powerholder’s intent.
Ҥ 19- 1703.09. Capture doctrine: disposition of ineffectively appointed property under
general power.
“To the extent a powerholder of a general power of appointment, other than a power to
withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
“(1) The gift-in-default clause controls the disposition of the ineffectively
appointed property; or
“(2) If there is no gift-in-default clause or to the extent the clause is ineffective,
the ineffectively appointed property:
“(A) Passes to:
“(i) The powerholder if the powerholder is a permissible appointee
and living; or
“(ii) If the powerholder is an impermissible appointee or deceased,
the powerholder’s estate if the estate is a permissible appointee; or
“(B) If there is no taker under subparagraph (A) of this paragraph, passes
under a reversionary interest to the donor or the donor’s transferee or successor in interest.
Ҥ 19- 1703.10. Disposition of unappointed property under released or unexercised
general power. ENROLLED ORIGINAL
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“To the extent a powerholder releases or fails to exercise a general power of appointment
other than a power to withdraw property from, revoke, or amend a trust:
“(1) The gift-in-default clause controls the disposition of the unappointed
property; or
“(2) If there is no gift-in-default clause or to the extent the clause is ineffective:
“(A) Except as otherwise provided in subparagraph (B) of this paragraph,
the unappointed property passes to:
“(i) The powerholder if the powerholder is a permissible appointee
and living; or
“(ii) If the powerholder is an impermissible appointee or deceased,
the powerholder’s estate if the estate is a permissible appointee; or
“(B) To the extent the powerholder released the power, or if there is no
taker under subparagraph (A) of this paragraph, the unappointed property passes under a
reversionary interest to the donor or the donor’s transferee or successor in interest.
Ҥ 19- 1703.11. Disposition of unappointed property under released or unexercised
nongeneral power.
“To the extent a powerholder releases, ineffectively exercises, or fails to exercise a
nongeneral power of appointment:
“(1) The gift-in-default clause controls the disposition of the unappointed
property; or
“(2) If there is no gift-in-default clause or to the extent the clause is ineffective,
the unappointed property:
“(A) Passes to the permissible appointees if:
“(i) The permissible appointees are defined and limited; and
“(ii) The terms of the instrument creating the power do not
manifest a contrary intent; or
“(B) If there is no taker under subparagraph (A) of this paragraph, passes
under a reversionary interest to the donor or the donor’s transferee or successor in interest.
Ҥ 19- 1703.12. Disposition of unappointed property if partial appointment to taker in
default.
“Unless the terms of the instrument creating or exercising a power of appointment
manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in
default of appointment, the taker in default of appointment may share fully in unappointed
property.
Ҥ 19- 1703.13. Appointment to taker in default.
“If a powerholder makes an appointment to a taker in default of appointment and the
appointee would have taken the property under a gift-in-default clause had the property not been
appointed, the power of appointment is deemed not to have been exercised and the appointee
takes under the clause.
“§ 19- 1703.14. Powerholder’s authority to revoke or amend exercise. ENROLLED ORIGINAL
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“A powerholder may revoke or amend an exercise of a power of appointment only to the
extent that:
“(1) The powerholder reserves a power of revocation or amendment in the
instrument exercising the power of appointment and, if the power is nongeneral, the terms of the
instrument creating the power of appointment do not prohibit the reservation; or
“(2) The terms of the instrument creating the power of appointment provide that
the exercise is revocable or amendable.
“SUBCHAPTER IV. DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO
APPOINT.
Ҥ 19- 1704.01. Disclaimer.
“As provided by Chapter 15 of this Title :
“(1) A powerholder may disclaim all or part of a power of appointment; and
“(2) A permissible appointee, appointee, or taker in default of appointment may
disclaim all or part of an interest in appointive property.
Ҥ 19- 1704.02. Authority to release.
“A powerholder may release a power of appointment, in whole or in part, except to the
extent the terms of the instrument creating the power prevent the release.
Ҥ 19- 1704.03. Method of release.
“(a) For the purposes of this section, the term “record” means information that is
inscribed on a tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
“(b) A powerholder of a releasable power of appointment may release the power in whole
or in part:
“(1) By substantial compliance with a method provided in the terms of the
instrument creating the power; or
“(2) If the terms of the instrument creating the power do not provide a method or
the method provided in the terms of the instrument is not expressly made exclusive, by a record
manifesting the powerholder’s intent by clear and convincing evidence.
Ҥ 19- 1704.04. Revocation or amendment of release.
“A powerholder may revoke or amend a release of a power of appointment only to the
extent that:
“(1) The instrument of release is revocable by the powerholder; or
“(2) The powerholder reserves a power of revocation or amendment in the
instrument of release.
Ҥ 19- 1704.05. Power to contract: presently exercisable power of appointment.
“A powerholder of a presently exercisable power of appointment may contract:
“(1) Not to exercise the power; or
“(2) To exercise the power if the contract when made does not confer a benefit on
an impermissible appointee.
Ҥ 19- 1704.06. Power to contract: power of appointment not presently exercisable. ENROLLED ORIGINAL
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“A powerholder of a power of appointment that is not presently exercisable may contract
to exercise or not to exercise the power only if the powerholder:
“(1) Is also the donor of the power; and
“(2) Has reserved the power in a revocable trust.
Ҥ 19- 1704.07. Remedy for breach of contract to appoint or not to appoint.
“The remedy for a powerholder’s breach of a contract to appoint or not to appoint
appointive property is limited to damages payable out of the appointive property or, if
appropriate, specific performance of the contract.
“SUBCHAPTER V. RIGHTS OF POWERHOLDER’S CREDITORS IN APPOINTIVE
PROPERTY.
Ҥ 19- 1705.01. Creditor claim: general power created by powerholder.
“(a) For the purposes of this section, the term “power of appointment created by the
powerholder” includes a power of appointment created in a transfer by another person to the
extent the powerholder contributed value to the transfer.
“(b) Appointive property subject to a general power of appointment created by the
powerholder is subject to a claim of a creditor of the powerholder or of the powerholder’s estate
to the extent provided in §§ 28- 3101 to 28- 3111.
“(c) Subject to subsection (b) of this section, appointive property subject to a general
power of appointment created by the powerholder is not subject to a claim of a creditor of the
powerholder or the powerholder’s estate to the extent the powerholder irrevocably appointed the
property in favor of a person other than the powerholder or the powerholder’s estate.
“(d) Subject to subsections (b) and (c) of this section, and notwithstanding the presence
of a spendthrift provision or whether the claim arose before or after the creation of the power of
appointment, appointive property subject to a general power of appointment created by the
powerholder is subject to a claim of a creditor of:
“(1) The powerholder, to the same extent as if the powerholder owned the
appointive property, if the power is presently exercisable; and
“(2) The powerholder’s estate, to the extent the estate is insufficient to satisfy the
claim and subject to the right of a decedent to direct the source from which liabilities are paid, if
the power is exercisable at the powerholder’s death.
Ҥ 19- 1705.02. Creditor claim: general power not created by powerholder.
“(a) Except as otherwise provided in subsection (b) of this section, appointive property
subject to a general power of appointment created by a person other than the powerholder is
subject to a claim of a creditor of:
“(1) The powerholder, to the extent the powerholder’s property is insufficient, if
the power is presently exercisable; and
“(2) The powerholder’s estate, to the extent the estate is insufficient, subject to the
right of a decedent to direct the source from which liabilities are paid.
“(b) Subject to § 19- 1705.04(c), a power of appointment created by a person other than
the powerholder which is subject to an ascertainable standard relating to an individual’s health, ENROLLED ORIGINAL
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education, support, or maintenance, within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26
U.S.C. § 2514(c)(1), is treated for the purposes of this subchapter as a nongeneral power.
Ҥ 19- 1705.03. Power to withdraw.
“(a) For the purposes of this subchapter, and except as otherwise provided in subsection
(b) of this section, a power to withdraw property from a trust is treated, during the time the
power may be exercised, as a presently exercisable general power of appointment to the extent of
the property subject to the power to withdraw.
“(b) On the lapse, release, or waiver of a power to withdraw property from a trust, the
power is treated as a presently exercisable general power of appointment only to the extent the
value of the property affected by the lapse, release, or waiver exceeds the greater of the amount
specified in 26 U.S.C. § 2041(b)(2) and 26 U.S.C. § 2514(e) or the amount specified in 26
U.S.C. § 2503(b), on the effective date of this chapter.
Ҥ 19- 1705.04. Creditor claim: nongeneral power.
“(a) Except as otherwise provided in subsections (b) and (c) of this section, appointive
property subject to a nongeneral power of appointment is exempt from a claim of a creditor of
the powerholder or the powerholder’s estate.
“(b) Appointive property subject to a nongeneral power of appointment is subject to a
claim of a creditor of the powerholder or the powerholder’s estate to the extent that the
powerholder owned the property and, reserving the nongeneral power, transferred the property in
violation of §§ 28- 3101 to 28- 3111.
“(c) If the initial gift in default of appointment is to the powerholder or the powerholder’s
estate, a nongeneral power of appointment is treated for purposes of this subchapter as a general
power.
“SUBCHAPTER VI. MISCELLANEOUS PROVISIONS.
Ҥ 19- 1706.01. Uniformity of application and construction.
“In applying and construing this chapter , consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
Ҥ 19- 1706.02. Relation to Electronic Signatures in Global and National Commerce A ct.
“This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq. ), but
does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize
electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. §
7003(b)).
Ҥ 19- 1706.03. Application to existing relationships.
“(a) Except as otherwise provided in this chapter, on and after the effective date of this
chapter, the following rules apply:
“(1) This chapter applies to a power of appointment created before, on, or after
the effective date of this chapter;
“(2) This chapter applies to a judicial proceeding concerning a power of
appointment commenced on or after the effective date of this chapter; ENROLLED ORIGINAL
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“(3) This chapter applies to a judicial proceeding concerning a power of
appointment commenced before the effective date of this chapter unless the court finds that
application of a particular provision of this chapter would interfere substantially with the
effective conduct of the judicial proceeding or prejudice a right of a party, in which case the
particular provision of this chapter does not apply and the superseded law applies;
“(4) A rule of construction or presumption provided in this chapter applies to an
instrument executed before the effective date of this chapter unless there is a clear indication of a
contrary intent in the terms of the instrument; and
“(5) Except as otherwise provided in paragraphs (1) through (4) of this
subsection, an action done before the effective date of this chapter is not affected by this chapter.
“(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period
that commenced under law of the District of Columbia other than this chapter before the
effective date of this chapter, the law continues to apply to the right.”.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia