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§ 3701. Power of decedent

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: July 15, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 37. Apportionment of Death Taxes (Refs & Annos)
Effective: July 15, 2002
20 Pa.C.S.A. § 3701
§ 3701. Power of decedent
A testator, settlor, donor or possessor of any appropriate power of appointment may direct how the Federal estate tax or the Federal generation-skipping transfer tax due because of his death, including interest and penalties, shall be apportioned or may grant a discretionary power to another so to direct, but:
(1) any direction regarding apportionment of the Federal generation- skipping transfer tax must expressly refer to that tax; and
(2) any direction waiving the right of recovery of Federal estate tax, provided for under section 2207A of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 2207A), on property includable in the gross estate by reason of section 2044 of the Internal Revenue Code of 1986, must expressly refer to that right.
Any such direction shall take precedence over the provisions of this chapter insofar as the direction provides for the payment of the tax or any part thereof from property the disposition of which can be controlled by the instrument containing the direction or delegating the power to another.

Credits

1982, Feb. 18, P.L. 45, No. 26, § 4, imd. effective. Amended 1992, Dec. 16, P.L. 1163, No. 152, § 9, imd. effective; 1994, Dec. 1, P.L. 655, No. 102, § 3, effective in 60 days; 2002, May 16, P.L. 330, No. 50, § 3, effective in 60 days.
20 Pa.C.S.A. § 3701, PA ST 20 Pa.C.S.A. § 3701
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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