AN ACT

 

1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, <-in orphans' court 
3divisions, further providing for nonmandatory exercise of 
4jurisdiction through orphans' court division; in wills,
5further providing for rules of interpretation; in
6dispositions independent of letters, family exemption,
7probate of wills and grant of letters, providing for
8submission to jurisdiction; in administration and personal
9representatives, further providing for continuation of
10business and for incorporation of estate's business; in
11accounts and distribution, further providing for
12determination of title to decedent's interest in real estate; 
<-13in health care, further providing for authority of health 
14care agent and for relation of health care agent to court-
15appointed guardian and other agents; in powers of attorney, 
16further providing for form of power of attorney, for 
17implementation of power of attorney, for durable powers of 
18attorney and for account; providing for investigation of 
19financial abuse and mismanagement and for jurisdiction and 
20venue; in estates, further providing for release or
21disclaimer of powers or interests; in estates, providing for
22release of powers and interests and disclaimer of powers;
23providing for powers of appointment; in trusts, further
24providing for nonjudicial settlement agreements - UTC 111,
25for representation of parties in interest in general, for
26division of trusts, for resignation of trustee and filing
27resignation, for duty to inform and report<-, for limitation of 
28action against trustee and for powers, duties and liabilities
29identical with personal representatives; codifying provisions
30of the Charitable Instruments Act of 1971; in principal and
31income, further providing for charitable trusts; and making a
32related repeal.

33The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

<-2Section 1. Section 2514(13) of Title 20 of the Pennsylvania
3Consolidated Statutes is amended to read:

<-4Section 1. Sections 712(1) and 2514(13) of Title 20 of the
5Pennsylvania Consolidated Statutes are amended to read:

6§ 712. Nonmandatory exercise of jurisdiction through orphans'
7court division.

8The jurisdiction of the court of common pleas over the
9following may be exercised through either its orphans' court
10division or other appropriate division:

11(1) Title to real estate.--The determination of the
12persons to whom the title to real estate of a decedent or of
13the creator of an estate or trust has passed by devise or
14descent or by the terms of the trust instrument where
15jurisdiction of such estate or trust is exercised through the
16orphans' court division: Provided, That nothing herein shall
17be construed to restrict the provisions of section 711
18(relating to mandatory exercise of jurisdiction through
19orphans' court division in general) relating to distribution
20of real estate in an estate or trust. If section 3546 
21(relating to determination of title to decedent's interest in 
22real estate) applies, the procedures under that section shall 
23govern. For other actions to quiet title to real estate, this 
24section shall govern.

25* * *

26§ 2514. Rules of interpretation.

27In the absence of a contrary intent appearing therein, wills
28shall be construed as to real and personal estate in accordance
29with the following rules:

30* * *

1[(13) Power of appointment.--A general devise of the
2real estate of the testator, or of the real estate of the
3testator in any place, or in the occupation of any person
4mentioned in his will, or otherwise described in a general
5manner, shall be construed to include any real estate, or any
6real estate to which such description shall extend, as the
7case may be, which he shall have power to appoint in any
8manner he shall think proper, and shall operate as an
9execution of such power. In like manner, a bequest of the
10personal estate of the testator, or any bequest of personal
11property described in a general manner, shall be construed to
12include any personal estate, or any personal estate to which
13such description shall extend, as the case may be, which he
14shall have power to appoint in any manner he shall think
15proper, and shall operate as an execution of such power. In
16like manner, a general pecuniary legacy, when the assets of
17the individual estate of the testator are not sufficient for
18its payment, shall, to the extent necessary to make possible
19the payment of the legacy, be construed to include any estate
20which the testator shall have power to appoint in any manner
21he shall think proper, and shall to such extent operate as an
22execution of such power.]

23* * *

24Section 2. Title 20 is amended by adding a section to read:

25§ 3163. Submission to jurisdiction.

26A person granted letters testamentary or letters of
27administration shall be deemed to submit to the jurisdiction of
28the orphans' court division of the county in which the register
29granted the letters.

30Section 3. Sections 3314, 3315 <-and 3546, 3546, 5456(a) and
 

15460(a) of Title 20 are amended to read:

2§ 3314. Continuation of business.

3[The court,] Giving due regard to the provisions of the 
4governing instrument and any other factor that the court deems 
5relevant, and aided by the report of a master if necessary, the 
6court may authorize the personal representative to continue any
7business of the estate for the benefit of the estate [and in
8doing so the court, for cause shown, may disregard the
9provisions of the governing instrument, if any]. The order may
10be with or without notice. If prior notice is not given to all
11parties in interest, it shall be given within five days after
12the order or within such extended time as the court, for cause
13shown, shall allow. Any party in interest may, at any time,
14petition the court to revoke or modify the order. The order may
15provide:

16(1) for the conduct of business, by the personal
17representative alone or jointly with others, or, unless
18restricted by the terms of the governing instrument, as a
19corporation, partnership, limited liability company or other 
20entity to be formed;

21(2) the extent of the liability of the estate or any
22part thereof, or of the personal representative, for
23obligations incurred in the continuation of the business;

24(3) whether liabilities incurred in the conduct of the
25business are to be chargeable solely to the part of the
26estate set aside for use in the business or to the estate as
27a whole;

28(4) the period of time the business may be conducted;
29[and]

30(4.1) for the compensation of a personal representative

1actively managing, supervising or engaging in the operation
2of an entity or business, from the estate's assets or from
3the entity or business, as appropriate, provided that the
4compensation is reasonably based upon the actual
5responsibilities assumed and performed; and

6(5) such other regulations, including accountings, as
7the court shall deem advisable.

8§ 3315. Incorporation of or formation of entity to operate
9estate's business.

10After notice to all parties in interest, aided by the report
11of a master if necessary, and giving due regard to the 
12provisions of the governing instrument and any other factor that 
13the court deems relevant, the court[, unless restricted by the
14terms of the governing instrument,] may authorize the personal
15representative alone or jointly with others, to organize a
16corporation, or form a partnership, limited liability company or 
17other entity, to carry on the business of the estate, whether
18the business was owned solely or with others, and may contribute
19for stock of the corporation, as capital, or for an interest in 
20a partnership, limited liability company or other entity, all or
21part of the property of the estate which was invested in the
22business.

23§ 3546. Determination of title to decedent's interest in real
24estate.

25[When a person shall die leaving an interest in real estate
26within the Commonwealth and no letters testamentary or of
27administration have been granted on the estate of the decedent
28in the Commonwealth, and one year has expired since the
29decedent's death, or if a personal representative has been
30appointed and has not filed his account within six years of the

1death of the decedent, any person claiming an interest in the
2real estate as or through an heir or devisee of the decedent may
3present a petition to establish title thereto in the orphans'
4court division of the county where the letters testamentary or
5of administration have been granted, or should no letters have
6been granted, then in the orphans' court division of the county
7within which was the family or principal residence of the
8decedent. If the decedent was a nonresident of the Commonwealth,
9the petition may be presented in the orphans' court division of
10any county wherein any of the real estate shall lie. The court,
11aided if necessary by the report of a master, may enter its
12decree nisi adjudging that the title to the decedent's interest
13in the real estate is in such person or persons as the court
14shall determine. Notice of the decree nisi shall be given to
15creditors and other parties in interest, by advertisement and
16otherwise, as the court shall direct. If no exception to the
17decree is filed within three months, it shall be confirmed
18absolutely, free of all decedent's debts not then liens of
19record, and regardless of the provisions of any testamentary
20writing of the decedent thereafter probated. A certified copy of
21the decree shall be recorded in the office of the recorder of
22deeds of each county where real estate included in the decree
23shall lie, shall be indexed by the recorder in the grantor's
24index under the name of the decedent and in the grantee's index
25under the name of each distributee, and shall be registered in
26the survey bureau or with the proper authorities empowered to
27keep a register of real estate in the county.]

28(a) Applicability.--This section shall apply if:

29(1) A person dies leaving an interest in real estate
30within this Commonwealth.

1(2) Either of the following occurs:

2(i) No letters testamentary or letters of
3administration have been granted on the estate of the
4decedent in this Commonwealth and one year has expired
5since the decedent's death.

6(ii) A personal representative has been appointed
7but has not filed an account within six years of the
8decedent's death.

<-9(3) There is a conflict between this section and either 
10section 2103(6) (relating to shares of others than surviving 
11spouse) or Article XIII.1 of the act of April 9, 1929 
12(P.L.343, No.176), known as The Fiscal Code, with respect to 
13a petition by an entity under subsection (c)(2). The rights 
14granted under this section shall supersede any right of the 
15Commonwealth created under section 2103(6) or Article XIII.1 
16of The Fiscal Code.

17(b) Subject of petition.--A person or entity authorized by
18subsection (c) may present a petition under this section to:

19(1) terminate an interest in the real estate of other
20heirs or devisees of the decedent who, after being given
21proper notice as directed by the court under subsection
22(f)(2), fail to file timely an exception to the court's
23decree; or

24(2) have declared as void, unenforceable and canceled of
25record a fraudulent conveyance of the decedent's interest in
26the real estate and to the extent otherwise authorized by law
27any lien, title, claim or interest arising in the property
28by, from or under the fraudulent conveyance, including any
29subsequent transfers of property following the fraudulent
30conveyance and any liens to the extent that they have

1attached to the property as a result of the fraudulent
2conveyance, after all interested parties have been given
3proper notice as directed by the court under subsection
4(f)(2).

5(c) Who may petition.--The following persons and entities
6may petition to establish title to the decedent's real estate:

7(1) A person claiming an interest in the real estate:

8(i) as an heir or devisee of the decedent;

9(ii) through the decedent; or

10(iii) through an heir or devisee of the decedent,
11when the heir or devisee is deceased or has conveyed all
12or part of the heir or devisee's interest in the property
13to the person.

14(2) A nonprofit corporation organized for community
15development purposes under section 501(c)(3) of the Internal
16Revenue Code (Public Law 99-514, 26 U.S.C. § 1 et seq.), a
17municipality in which the real estate is located or a
18redevelopment authority created and organized under the act
19of May 24, 1945 (P.L.991, No.385), known as the Urban
20Redevelopment Law, having jurisdiction in the municipality in
21which the real estate is located:

22(i) In a manner that the court prescribes.

23(ii) Upon a showing by clear and convincing evidence
24to the court that:

25(A) No heirs or devisees exist or have taken
26action with respect to the real estate for at least
27five years since the decedent's death.

28(B) The real estate is not occupied by a person
29claiming rights by adverse possession.

30(d) Priority of petitions.--Where there are two or more

1petitions for the same real estate under subsection (c)(2), the
2court shall give priority in entering a decree nisi or order to
3one of the petitioners in the following order:

4(1) The municipality.

5(2) The redevelopment authority.

6(3) The nonprofit corporation.

7(e) Where to petition.--A petition under this section shall
8be filed in the orphans' court division of the county where:

9(1) the letters testamentary or letters of
10administration have been granted;

11(2) the principal residence of the decedent was located,
12if no letters testamentary or letters of administration have
13been granted; or

14(3) any of the real estate is located, if the decedent
15was a nonresident of this Commonwealth.

16(f) Notice of petition.--

17(1) Notice shall be given to all persons reasonably
18identifiable as eligible to file a petition under subsection
19(c), creditors that do not have liens of record, to the
20extent known, and all other persons and parties in interest
21reasonably known to hold or claim a lien, title, claim or
22other interest in the property in accordance with
23Pennsylvania Orphans' Court Rule 5.1 or, if the notice cannot
24be given in accordance with Pennsylvania Orphans' Court Rule
255.1 (a) or (b), the petition shall be accompanied by a motion
26for service pursuant to Pennsylvania Rule of Civil Procedure
27430, including an affidavit, attested by the petitioner or
28petitioner's counsel of record, stating the reasons why
29notice cannot be given under Rule 5.1 (a) or (b) and the
30nature and extent of the investigation that has been made to

1determine the whereabouts of creditors that do not have liens
2of record and other parties in interest.

3(2) If letters testamentary or letters of administration
4have been granted on the estate of the decedent, notice of
5the petition under this section shall be given to the
6personal representative of the decedent.

7(3) A lis pendens notice shall be given in each county
8where the real estate is located in the same manner and place
9as provided in section 3390 (relating to specific performance
10of contracts) for an action of specific performance.

11(g) Decree or order.--

12(1) Aided if necessary by the report of a master, the
13court may enter a decree nisi adjudging that the title to the
14decedent's interest in the real estate is in the petitioner
15or an order directing other appropriate relief as the court
16determines.

17(2) Notice of the decree nisi or order shall be given
18to:

19(i) creditors that do not have liens of record, to
20the extent known;

21(ii) creditors that have liens of record, if relief
22is being sought under subsection (b)(2); and

23(iii) other parties in interest, by advertisement or
24as otherwise directed by the court.

25(3) If no exception to the decree or order is filed
26within three months after notice is given in accordance with
27paragraph (2), it shall be confirmed absolutely, free of all
28decedent's debts not then liens of record, and regardless of
29the provisions of any testamentary writing of the decedent
30thereafter probated.

1(4) A certified copy of the decree or order shall be:

2(i) Recorded in the office of the recorder of deeds
3of each county where real estate included in the decree
4or order shall lie.

5(ii) Indexed by the recorder in the grantor's index
6under the name of the decedent and in the grantee's index
7under the name of each distributee.

8(iii) Registered in the survey bureau or with the
9proper authorities empowered to keep a register of real
10estate in the county.

11(h) Parcel number or identifier.--

12(1) A petition filed under subsection (b) and notice of
13petition given under subsection (f) shall include the county
14tax parcel number or Uniform Parcel Identifier for each
15parcel included. A party alleging any failure to comply with
16the requirements of this paragraph must do so in the manner
17provided for raising an affirmative defense.

18(2) A decree presented for recording under subsection
19(g) shall comply with section 3 of the act of April 24, 1931
20(P.L.48, No.40), entitled "An act requiring the recording of
21certain written agreements pertaining to real property, and
22prescribing the effect thereof as to subsequent purchasers,
23mortgages, and judgment creditors of the parties thereto."

24(i) Definition.--For the purposes of this section,
25"fraudulent conveyance" shall mean a transfer of an interest,
26lien, title or claim in real estate that occurs as a result of:

27(1) a forgery of the grantor's signature on a document
28purporting to make such transfer;

29(2) the grantor being induced by fraud,
30misrepresentation, duress or coercion to sign a document

1purporting to make such transfer; or

2(3) some other inappropriate means used to obtain the
3grantor's signature on the document purporting to make such
4transfer, as determined by a court.

<-5§ 5456. Authority of health care agent.

6(a) Extent of authority.--Except as expressly provided
7otherwise in a health care power of attorney and subject to
8subsection (b) and section 5460 (relating to relation of health
9care agent to court-appointed guardian and other agents), a
10health care agent shall have the authority to make any health
11care decision and to exercise any right and power regarding the
12principal's care, custody and health care treatment that the
13principal could have made and exercised. The foregoing power 
14shall include the power to authorize admission to a medical, 
15nursing, residential or similar facility, or to enter into 
16agreements for the principal's care. The health care agent's
17authority may extend beyond the principal's death to make
18anatomical gifts, dispose of the remains and consent to
19autopsies.

20* * *

21§ 5460. Relation of health care agent to court-appointed
22guardian and other agents.

23(a) Accountability of health care agent.--If a principal who
24has executed a health care power of attorney is later
25adjudicated an incapacitated person and a guardian of the person
26to make health care decisions is appointed by a court, the
27health care agent is accountable to the guardian as well as to
28the principal. [The guardian shall have the same power to revoke
29or amend the appointment of a health care agent that the
30principal would have if the principal were not incapacitated but

1may not revoke or amend other instructions in an advance health
2directive absent judicial authorization.] In its guardianship 
3order and determination of a person's incapacity, the court 
4shall determine the extent to which the health care agent's 
5authority to act remains in effect.

6* * *

7Section 4. Section 5602(a) of Title 20 is amended by adding
8paragraphs to read:

9§ 5602. Form of power of attorney.

10(a) Specification of powers.--A principal may, by inclusion
11of the language quoted in any of the following paragraphs or by
12inclusion of other language showing a similar intent on the part
13of the principal, empower an agent to do any or all of the
14following, each of which is defined in section 5603 (relating to
15implementation of power of attorney):

16* * *

17(24) "To operate a business or entity."

18(25) "To provide for personal and family maintenance."

19* * *

20Section 5. Section 5603(d) and (r) of Title 20 are amended
21and the section is amended by adding subsections to read:

22§ 5603. Implementation of power of attorney.

23* * *

24(d) Power to claim an elective share.--A power "to claim an 
25elective share of the estate of my deceased spouse" shall mean 
26that the agent may elect to take against the will and 
27conveyances of the principal's deceased spouse, disclaim any 
28interest in property which the principal is required to disclaim 
29as a result of such election, retain any property which the
30principal has the right to elect to retain, file petitions

1pertaining to the election, including petitions to extend the
2time for electing and petitions for orders, decrees and
3judgments in accordance with section 2211(c) and (d) (relating
4to determination of effect of election; enforcement), and take
5all other actions which the agent deems appropriate in order to
6effectuate the election: Provided, however, That the election
7shall be made only upon the approval of the court having
8jurisdiction of the principal's estate in accordance with
9section 2206 (relating to right of election personal to
10surviving spouse) in the case of a principal who [has been
11adjudicated] is an incapacitated person, or upon the approval of 
12the court having jurisdiction of the deceased spouse's estate in 
13the case of a principal who [has not been adjudicated] is not
14an incapacitated person.

15* * *

16(r) Power to handle interests in estates and trusts.--A 
17power to "handle interests in estates and trusts" shall mean 
18that the agent may receive a bequest, devise, gift or other 
19transfer of real or personal property to the principal in the 
20principal's own right or as a fiduciary for another and give 
21full receipt and acquittance therefor or a refunding bond 
22therefor; approve accounts of any estate, trust, partnership or 
23other transaction in which the principal may have an interest; 
24[and] enter into any compromise and release in regard thereto; 
25and receive on behalf of the principal all notices and reports 
26required by section 7780.3 (relating to duty to inform and 
27report) or permitted by section 7785(a) (relating to limitation 
28of action against trustee).

29* * *

30(u.2) Power to operate a business or entity.--A power "to

1operate a business or entity" shall mean that the agent may:

2(1) Continue or participate in the operation of any
3business or other entity in which the principal holds an
4interest, whether alone or with others, by making and
5implementing decisions regarding its financing, operations,
6employees and all other matters pertinent to the business or
7entity.

8(2) Change the form of ownership of the business or
9entity to a corporation, partnership, limited liability
10company or other entity, and initiate or take part in a
11corporate reorganization, including a merger, consolidation,
12dissolution or other change in organizational form.

13(3) Compensate an agent actively managing, supervising
14or engaging in the operation of a business or entity, as
15appropriate, from the principal's assets or from the business
16or entity, provided that the compensation is reasonably based
17upon the actual responsibilities assumed and performed.

18(4) In general, exercise all powers with respect to
19operating a business or entity that the principal could if
20present.

21(u.3) Power to provide for personal and family
22maintenance.--

23(1) A power "to provide for personal and family
24maintenance" shall mean that the agent may provide for the
25health, education, maintenance and support, in order to
26maintain the customary standard of living of the principal's
27spouse and the following individuals, whether living when the
28power of attorney is executed or later born:

29(i) The principal's minor children.

30(ii) Other individuals legally entitled to be

1supported by the principal.

2(iii) The individuals whom the principal has
3customarily supported and intends to support.

4(2) In acting under this subsection, the agent shall:

5(i) Take into account the long-term needs of the
6principal.

7(ii) Consider any independent means available to
8those individuals apart from the support provided by the
9principal.

10(3) Authority with respect to personal and family
11maintenance is in addition to and not limited by authority
12that an agent may or may not have or court approval that may
13be necessary with respect to gifts under this chapter.

14Section 6. Section 5604(c)(1) of Title 20 is amended and
15subsection (c) is amended by adding a paragraph to read:

16§ 5604. Durable powers of attorney.

17* * *

18(c) Relation of agent to court-appointed guardian.--

19(1) If, following execution of a durable power of
20attorney, the principal [is adjudicated] becomes an
21incapacitated person and a guardian is appointed for his
22estate, the agent is accountable to the guardian as well as
23to the principal. [The guardian shall have the same power to
24revoke or amend the power of attorney that the principal
25would have had if he were not an incapacitated person.]

26* * *

27(3) In its guardianship order and determination of a
28person's incapacity, the court shall determine whether and
29the extent to which the incapacitated person's durable power
30of attorney remains in effect.

1* * *

2Section 7. Section 5610 of Title 20 is amended to read:

3§ 5610. Account.

4An agent shall file an account of his administration whenever 
5directed to do so by the court and may file an account at any 
6other time. All accounts shall be filed in the office of the 
7clerk in the county where the principal resides. The court may 
8assess the costs of the accounting proceeding as it deems 
9appropriate, including the costs of preparing and filing the 
10account.

11Section 8. Title 20 is amended by adding a section to read:

12§ 5612. Jurisdiction and venue.

13(a) County having venue.--Venue of any matter pertaining to
14the exercise of a power by an agent acting under a power of
15attorney as provided in this chapter shall be in the county in
16which the principal is domiciled, a resident or residing in a
17long-term care facility.

18(b) Declining jurisdiction.--

19(1) A court having jurisdiction may decline to exercise
20jurisdiction if at any time it determines that a court of
21another county or state is a more appropriate forum.

22(2) If a court of this Commonwealth declines to exercise
23jurisdiction, it shall either dismiss the proceeding or stay
24the proceeding upon condition that a proceeding be promptly
25commenced in another county or state. A court may impose any
26other condition that it deems appropriate.

27Section <-4 9. Section 6103 of Title 20 is repealed:

28[§ 6103. Release or disclaimer of powers or interests.

29(a) Powers and interests releasable.--Any power of
30appointment, or power of consumption, whether general or

1special, other than a power in trust which is imperative, and
2any interest in, to, or over real or personal property held or
3owned outright, or in trust, or in any other manner which is
4reserved or given to any person by deed, will or otherwise, and
5irrespective of any limitation of such power or interest by
6virtue of any restriction in the nature of a so-called
7spendthrift trust provision, or similar provision, may be
8released or disclaimed, either with or without consideration by
9written instrument signed by the person possessing the power or
10the interest and delivered as hereinafter provided, but nothing
11in this section shall authorize an income beneficiary of a
12spendthrift trust to release or disclaim his right to such
13income, unless as a result of the release or disclaimer the
14released or disclaimed income will pass to one or more of the
15beneficiary's descendants. This section shall not apply to an
16interest that may be disclaimed under Chapter 62 (relating to
17disclaimers).

18(b) Form of release or disclaimer.--A power or interest
19which is releasable or disclaimable may be released or
20disclaimed either absolutely or conditionally, and may also be
21released or disclaimed with respect to the whole or any part of
22the property subject to such power or interest, and may also be
23released or disclaimed in such manner as to reduce or limit the
24persons or objects or classes of persons or objects in whose
25favor such power or interest would otherwise be exercisable. No
26release or disclaimer of a power or of an interest shall be
27deemed to make imperative a power or interest which was not
28imperative prior to such release or disclaimer unless the
29instrument of release or disclaimer expressly so provides.

30(c) Delivery of release or disclaimer.--Such release or

1disclaimer may be delivered to any one of the following:

2(1) Any person specified for such purpose in the
3instrument creating the power or interest.

4(2) Any trustee of the property to which the power or
5interest relates.

6(3) The clerk of the court having jurisdiction of the
7trust for filing in said court.

8(4) The recorder of deeds for recording in the county in
9which the person possessing the power or interest resides, or
10in which the deed, will, or other instrument creating the
11power or interest is recorded or filed.

12(d) Grantee or lienholder.--A release or disclaimer shall be
13void as against a bona fide grantee of or holder of a lien on
14real estate in any county unless the release or disclaimer or a
15duplicate original or certified copy thereof is recorded in the
16county where the real estate lies before the recording or
17entering of the instrument or lien under which such grantee or
18lienholder claims.]

19Section <-5 10. Title 20 is amended by adding a section to
20read:

21§ 6103.1. Release of powers and interests and disclaimer of
22powers.

23(a) Interests releasable.--

24(1) Subject to paragraph (2), an interest in property
25that has been accepted may be released.

26(2) An income interest in a spendthrift trust may be
27released only if the released income passes to one or more of
28the releasor's descendants.

29(b) Effect of release of interest.--A releasor of an
30interest in property shall be treated as having died at the time

1of the release for purposes of determining and accelerating the
2interests of other parties in the property.

3(c) Nonfiduciary powers disclaimable or releasable.--A power
4of appointment, power of withdrawal or other power held in a
5nonfiduciary capacity may be disclaimed prior to its acceptance
6or released after its acceptance.

<-7(d) Fiduciary powers disclaimable or releasable.--

8(1) Except as otherwise provided in the instrument
9creating the power, a power held in a fiduciary capacity that
10is not imperative may be disclaimed prior to its acceptance
11or released after its acceptance.

12(2) A disclaimer or release under this subsection is
13effective as to a successor fiduciary if the disclaimer or
14release so provides.

15(e) Terms of disclaimer or release.--

16(1) A release of a power or interest or a disclaimer of
17a power under this section may:

18(i) Be absolute or conditional.

19(ii) Be made with respect to the whole or any part
20of the property subject to the power or interest.

21(iii) Reduce or limit the persons or objects or
22classes of persons or objects in whose favor the power or
23interest would otherwise be exercisable.

24(2) Unless the disclaimer or release so provides, a
25disclaimer or release under this section shall not make
26imperative a power or interest that was not imperative prior
27to the disclaimer or release.

28(f) Date of effect.--

29(1) A disclaimer of a power held in a fiduciary capacity
30that is not imperative takes effect as of the time the

1instrument creating the power becomes irrevocable.

2(2) A release of a power held in a fiduciary capacity
3that is not imperative takes effect immediately after the
4last exercise of the power.

<-5(d) Terms of disclaimer or release.--A release of a power or 
6interest or a disclaimer of a power under this section may:

7(1) Be absolute or conditional.

8(2) Be made with respect to the whole or any part of the
9property subject to the power or interest.

10(3) Reduce or limit the persons or objects or classes of
11persons or objects in whose favor the power or interest would
12otherwise be exercisable.

<-13(g) (e) Procedural requirements.--A release and a disclaimer
14under this section shall be in writing and filed, delivered and
15recorded in a similar manner as a disclaimer under section 6204
16(relating to filing, delivery and recording).

17Section <-6 11. Title 20 is amended by adding a chapter to
18read:

19CHAPTER 76

20POWERS OF APPOINTMENT

21Sec.

227601. Definitions.

237602. Exercise of powers of appointment.

247603. Contract to exercise power.

257604. Manner of appointment.

267605. Antilapse provision.

277606. Partially effective exercise.

<-287607. Creditors' rights.

29§ 7601. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Broad power of appointment." A power of appointment that
4the donee may exercise in favor of any one or more of the
5following:

6(1) One or more persons selected by the donee.

7(2) The donee.

8(3) The donee's estate.

9(4) Every person other than the donee, the donee's
10creditors, the donee's estate or the creditors of the donee's
11estate.

12"Limited power of appointment." A power of appointment that
13is not a broad power of appointment. The term includes a power
14to appoint to the donee's creditors or the creditors of the
15donee's estate.

16§ 7602. Exercise of powers of appointment.

17(a) Broad power of appointment.--Subject to subsection (c),
18in the absence of a contrary intent appearing in the instrument
19creating a broad power of appointment or in the donee's
20instrument exercising the power, a broad power of appointment
21may be exercised only by the donee's instrument making:

22(1) specific reference to the power;

23(2) general reference to any or all powers of
24appointment held by the donee;

25(3) a testamentary or inter vivos gift specifically
26describing the appointive property;

27(4) an insufficiently funded testamentary pecuniary
28legacy, to the extent to satisfy the legacy;

29(5) a general testamentary gift; or

30(6) a testamentary residuary gift.

1(b) Limited power of appointment.--

2(1) Subject to paragraph (2) and subsection (c), in the
3absence of a contrary intent appearing in the instrument
4creating a limited power of appointment or in the donee's
5instrument exercising the power, a limited power of
6appointment may be exercised only by the donee's instrument
7making:

8(i) specific reference to the power;

9(ii) a testamentary or inter vivos gift specifically
10describing the appointive property;

11(iii) a general testamentary gift to all, and only
12to all, the objects of the power; or

13(iv) a testamentary residuary gift to all, and only
14to all, the objects of the power.

15(2) The objects of the power described in paragraph (1)
16(iii) and (iv) who have a common ancestor shall be only those
17descendants of the common ancestor determined on a per
18stirpes basis.

19(c) Necessity of donee's specific reference to power.--A
20power of appointment may be exercised only by specific reference
21to the power if the instrument creating the power so requires.

22(d) Exercise before testamentary power granted.--In the
23absence of a contrary intent appearing in the instrument
24creating a power of appointment exercisable at the donee's death
25or in the donee's instrument exercising the power, the donee's
26instrument may exercise a power of appointment existing at the
27donee's death even though the power was granted after the date
28of the donee's instrument.

29(e) Testamentary powers.--

30(1) Notwithstanding any contrary provision in an

1instrument creating a power of appointment, a testamentary
2power of appointment shall not be exercisable in favor of the
3donee or the donee's creditors.

4(2) A grant of a testamentary power to appoint to the
5donee's creditors shall be construed as a power to appoint to
6the creditors of the donee's estate.

7(3) An attempted exercise of a testamentary power of
8appointment in favor of the donee's creditors shall be
9construed as an exercise in favor of those creditors of the
10donee's estate who were also creditors of the donee at the
11time of the donee's death.

12(4) If the donee is an issue of the donor, a
13testamentary power of appointment to appoint to the donor's
14issue shall not be exercisable in favor of the donee or the
15donee's estate.

16§ 7603. Contract to exercise power.

17(a) Contract prohibited.--Unless the donor and donee are the
18same person, the donee of a power of appointment that is not
19presently exercisable may not contract to exercise the power.

20(b) Actions for recovery.--A prohibited contract under
21subsection (a), if made, may not be the basis of an action for
22specific performance or damages, but the promisee can obtain
23restitution from the donee of the value given for the promise,
24unless the donee has exercised the power pursuant to the
25contract.

26(c) No limitation on disclaimer or release.--This section
27does not limit the power of a donee to disclaim or release a
28power of appointment in whole or in part.

29§ 7604. Manner of appointment.

30(a) Outright or in trust.--Subject to section 7602(e)

1(relating to exercise of powers of appointment), unless
2expressly prohibited by the instrument creating a power of
3appointment, a donee may exercise a power by appointing in any
4manner, including, but not limited to:

5(1) Appointing outright to one or more objects of the
6power.

7(2) Appointing to one or more trustees to hold the
8appointive property in trust for the benefit of one or more
9objects of the power and specifying the terms and
10administrative provisions of the trust and the powers and
11duties of the trustees, even if the trustees themselves are
12not objects of the power.

13(3) Creating a broad or limited power of appointment
14exercisable by any one or more objects of the original power
15to whom the donee could have appointed outright, even if some
16of the objects of the new power are not among the objects of
17the original power, provided that if the original power is a
18limited power, other than a power to appoint to the donee's
19creditors or the creditors of the donee's estate:

20(i) All the objects of the original power are among
21the objects of the new power.

22(ii) All the takers in default of exercise of the
23new power are among the objects of the original power.

24(b) Exclusive and nonexclusive powers.--Unless the
25instrument creating a power of appointment expressly specifies a
26minimum share of, a minimum pecuniary amount of or a particular
27item of appointive property to be appointed to an object of the
28power, the donee may exclude any object of the power as the
29donee deems appropriate.

30§ 7605. Antilapse provision.

1(a) General rule.--

2(1) Subject to paragraphs (2) and (3), in the absence of
3a contrary intent appearing in the instrument creating a
4power of appointment or, in the donee's instrument,
5exercising the power, an exercise of the power of appointment
6in favor of any of the following, whether designated by name
7or as one of a class, shall not fail if the appointee is not
8living at the time the appointment becomes effective:

9(i) A child or other issue of the donee.

10(ii) A brother or sister of the donee.

11(iii) A child of a brother or sister of the donee.

12(2) Paragraph (1) applies if:

13(i) One or more issues of the appointee are living
14at the time the appointment becomes effective.

15(ii) The issue under subparagraph (i), per stirpes,
16are objects of the power.

17(3) The property appointed to the deceased appointee
18shall pass per stirpes to the appointee's issue living at the
19time the appointment becomes effective, but the appointment
20to a brother or sister or child of a brother or sister of the
21donee shall fail to the extent the property would pass to the
22spouse or issue of the donee if the appointment were to
23lapse.

24(b) Lapsed share of residue.--In the absence of a contrary
25intent appearing in the donee's instrument exercising a power of
26appointment, if an appointment of an amount or share of the
27residue of the property subject to the power fails, the amount
28or share shall pass to the other appointees of the residue of
29the property subject to the power, if any, in proportion to
30their shares in the residue of the property subject to the

1power.

2§ 7606. Partially effective exercise.

3In the absence of a contrary intent appearing in the
4instrument creating a power of appointment or in the donee's
5instrument exercising the power, a partially ineffective
6exercise of a power of appointment shall not make ineffective
7any otherwise effective portion of the exercise, unless the
8appointment regarded as a whole constitutes such an integrated
9plan that the parts cannot be separated without defeating the
10plan.

<-11§ 7607. Creditors' rights.

12Property subject to a presently exercisable inter vivos broad
13power of appointment that does not exceed the greater of $5,000
14or 5% of the assets subject to the power is not, by virtue of
15the power, available to the creditors of the donee of the power.

16Section <-7 12. Sections 7710.1(c), 7722 and 7740.7(b) of
17Title 20 are amended to read:

18§ 7710.1. Nonjudicial settlement agreements - UTC 111.

19* * *

20(c) Exception.--A nonjudicial settlement agreement is valid
21only to the extent it [does not violate] is not inconsistent 
22with a material purpose of the trust and includes terms and
23conditions that could be properly approved by the court under
24this chapter or other applicable law.

25* * *

26§ 7722. Representation of parties in interest in general.

27(a) Judicial proceeding.--In a judicial proceeding involving
28a trust matter, an order or decree of the court that binds the
29representative [or representatives] is binding upon a person,
30class of persons or both represented in accordance with section

17723 (relating to representatives and persons represented) if:

2(1) the trustee notifies the [representatives]
3representative in writing whom [they represent, they do] he 
4represents<-, and the representative does not decline the
5representation as provided in section 7725 (relating to
6notice of representation) [and [they act<-] the representative 
7acts in good faith<-[.];

8(2) the a petitioner<-, whether or not a trustee, avers
9the representation in the petition <-a petition before the
10court, the representative is the petitioner or a respondent
11over whom the court has jurisdiction and, if a respondent,
12the representative does not decline the representation in a
13responsive pleading filed and served as required by law; or

14(3) the representative has signed a certification of 
15representation described in subsection (d) and has not 
16rescinded the certification on the court's records by the 
17time the court acts upon the petition.

18(b) Nonjudicial resolution.--In a nonjudicial resolution of
19a trust matter, notice to, the consent or approval of or the
20waiver or release by the representative [or representatives] is
21binding upon a person, class of persons or both represented in
22accordance with section 7723 if:

23(1) the trustee notifies the [representatives]
24representative in writing whom [they represent, they do] he 
25represents<-, and the representative does not decline the
26representation as provided in section 7725 [and [they act<-] 
27the representative acts in good faith<-[.]; or

28(2) the representative has signed a certification of
29representation described in subsection (d) and has not
30rescinded the certification in a writing received by the

1trustee by the time of the nonjudicial settlement.

2(c) Permissible consideration.--In making decisions, a
3representative may consider the general benefit accruing to the
4living members of the family of the person represented.

5(d) Certification of representation.--

6(1) A certification signed by the representative
7describing his representation of another person, class of
8persons or both in accordance with section 7723 may be filed
9with:

10(i) the court, in the case of a judicial proceeding;
11or

12(ii) the trustee, in the case of a nonjudicial
13resolution of a trust matter.

14(2) <-A Subject to paragraph (3), a certification of
15representation may be rescinded in a writing signed by the
16representative and filed with:

17(i) the court at any time before the court acts in
18reliance upon the certification, in the case of a
19judicial proceeding; or

20(ii) the trustee before a trust matter is resolved
21without application to the court.

<-22(3) A representative's rescission of a certification of
23representation shall have no effect upon actions taken by a
24trustee in good faith reliance upon the certification.

25§ 7740.7. Division of trusts.

26* * *

27(b) With court approval.--The court, for cause shown, may
28authorize the division of a trust into [two] separate trusts
29upon such terms and conditions and with notice as the court
30shall direct.

1* * *

2Section <-8 13. Section 7765(a), (b) and (c) of Title 20 are
3amended and the section is amended by adding a subsection to
4read:

5§ 7765. Resignation of trustee; filing resignation.

6[(a) Court approval.--A trustee may resign with court
7approval.

8(b) Without court approval if authorized by trust
9instrument.--A trustee may resign without court approval if
10authorized to resign by the trust instrument.

11(c) Without court approval and without authorization in
12trust instrument.--

13(1) Unless expressly provided to the contrary in the
14trust instrument, an individual trustee may resign without
15court approval and without authorization in the trust
16instrument if:

17(i) there is at least one cotrustee and all
18cotrustees consent in writing to the resignation; and

19(ii) all the qualified beneficiaries consent in
20writing to the resignation.

21(2) This subsection shall not authorize the sole trustee
22of a trust to resign unless the trust instrument names a
23successor trustee or provides a method for appointing a
24successor trustee, and in either case the resignation shall
25not be effective until the successor trustee accepts the
26appointment in writing.]

27(a.1) General rule.--A trustee may resign:

28(1) with court approval;

29(2) without court approval if authorized to resign by
30the trust instrument; or

1(3) pursuant to a nonjudicial settlement agreement
2described in section 7710.1 (relating to nonjudicial
3settlement agreements - UTC 111).

4* * *

5Section <-9 14. Section 7780.3 of Title 20 is amended by
6adding a subsection <-subsections to read:

7§ 7780.3. Duty to inform and report.

8* * *

9(k.1) Nomination by current beneficiary.--<-A In a writing
10given to the trustee, a current beneficiary of a trust <-who has
11capacity may nominate another person to receive, on behalf of
12the current beneficiary, the <-notice notices required by this
13section. <-The current beneficiary shall notify the trustee of the
14nomination. The trustee giving the notice required by this
15section to that nominee <-By giving the notices required by this
16section to the nominee of the current beneficiary, the trustee
17satisfies the trustee's duty to give to the <-named current
18beneficiary the <-notice notices required by this section if:

19(1) the trustee notifies the nominee that the notice is
20being given to the nominee as <-representing the named
21representative of the current beneficiary <-and that future
22notices required by this section will be given to the nominee
23in the same capacity; and

24(2) the nominee does not decline to receive the <-notice
<-25notices on behalf of the current beneficiary in a writing
<-26that is given to the trustee no later than 60 days after
27receipt of the trustee's notice <-described in paragraph (1).

<-28(k.2) Reliance on nomination.--The trustee may rely upon the
29current beneficiary's nomination of another person to receive
30the notices required by this section on behalf of the current

1beneficiary and the nominee's presumed acceptance of that
2representation under subsection (k.1)(2) until the trustee
3receives a written rescission of the nomination from the current
4beneficiary or a written declination to receive further notices
5from the nominee. No such rescission or declination shall render
6ineffective any notice given by the trustee to the nominee
7before the trustee received the rescission or declination.

8* * *

<-9Section 15. Section 7785(a) of Title 20 is amended by adding
10paragraphs to read:

11§ 7785. Limitation of action against trustee.

12(a) Imposed by trustee's written reports.--

13* * *

14(3) In a writing given to the trustee, a beneficiary of
15a trust may nominate another person to receive, on behalf of
16the beneficiary, the reports required by this section. By
17giving the reports required by this section to the nominee of
18the beneficiary, the trustee satisfies the trustee's duty to
19give the beneficiary the reports required by this section if:

20(i) the trustee notifies the nominee that the report
21and future reports required by this section are being
22given to the nominee as representative of the
23beneficiary; and

24(ii) the nominee does not decline to receive reports
25on behalf of the beneficiary in a writing given to the
26trustee no later than 60 days after receipt of the notice
27described in this subsection.

28(4) The trustee may rely upon the beneficiary's
29nomination of another person to receive the reports required
30by this section on behalf of the beneficiary and the

1nominee's presumed acceptance of that representation under
2this subsection until the trustee receives a written
3rescission of the nomination from the beneficiary or a
4written declination to receive further reports from the
5nominee. No such rescission or declination shall render
6ineffective any report given by the trustee to the nominee
7before the trustee received the rescission or declination.

8* * *

9Section <-10 16. Section 7792 of Title 20 is amended to read:

10§ 7792. Powers, duties and liabilities identical with personal
11representatives.

12The provisions concerning the powers, duties and liabilities
13of a trustee shall be the same as those set forth in the
14following provisions of this title for the administration of a
15decedent's or a minor's estate:

16Section 3184 (relating to discharge of personal
17representative and surety).

18Section 3321(d) and (e) (relating to nominee registration;
19corporate fiduciary as agent; deposit of securities in a
20clearing corporation; book-entry securities).

21Section 3323 (relating to compromise of controversies).

22Section 3324 (relating to death or incapacity of fiduciary).

23Section 3332 (relating to inherent powers and duties).

24Section 3353 (relating to order of court).

25Section 3354 (relating to power given in governing
26instrument).

27Section 3355 (relating to restraint of sale).

28Section 3356 (relating to purchase by personal
29representative).

30Section 3358 (relating to collateral attack).

1Section 3359 (relating to record of proceedings; county where
2real estate lies).

3Section 3532(c) (relating to at risk of personal
4representative).

5Section <-11 17. Title 20 is amended by adding a chapter to
6read:

7CHAPTER 79

8CHARITABLE INSTRUMENTS

9Sec.

107901. Short title of chapter.

117902. Definitions.

127903. Deemed provisions of governing instrument.

137904. Power to amend governing instrument.

147905. Court authority.

157906. Applicability.

16§ 7901. Short title of chapter.

17This chapter shall be known and may be cited as the
18Charitable Instruments Act.

19§ 7902. Definitions.

20The following words and phrases when used in this chapter
21shall have the meanings given to them in this section unless the
22context clearly indicates otherwise:

23"Charitable organization." A corporation, trust or other
24instrumentality governed by Pennsylvania law, including:

25(1) A trust described in section 4947(a)(1) or (2) of
26the Internal Revenue Code of 1986 (Public Law 99-514, 26
27U.S.C. § 4947(a)(1) or (2)), which is or is treated as a
28private foundation under section 509 of the Internal Revenue
29Code of 1986 (26 U.S.C. § 509).

30(2) A trust governed by Pennsylvania law that is or is

1treated as a pooled income fund under section 642(c)(5) of
2the Internal Revenue Code of 1986 (26 U.S.C. § 642(c)(5)).

3§ 7903. Deemed provisions of governing instrument.

4(a) Effect of deemed provisions.--The governing instrument
5of a charitable organization is deemed to include provisions,
6the effects of which are to:

7(1) Require distributions for each taxable year in such
8amounts and at such times and in such manner as not to
9subject the organization to tax under section 4942 of the
10Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
114942).

12(2) Prohibit the organization from:

13(i) Engaging in an act of self-dealing, as defined
14in section 4941(d) of the Internal Revenue Code of 1986
15(26 U.S.C. § 4941(d)).

16(ii) Retaining excess business holdings, as defined
17in section 4943(c) of the Internal Revenue Code of 1986
18(26 U.S.C. § 4943(c)).

19(iii) Making an investment in such manner as to
20subject the organization to tax under section 4944 of the
21Internal Revenue Code of 1986 (26 U.S.C. § 4944).

22(iv) Making a taxable expenditure, as defined in
23section 4945(d) of the Internal Revenue Code of 1986 (26
24U.S.C. § 4945(d)).

25(b) Effect of contrary provision.--The deemed provisions
26under subsection (a) supersede any contrary provision of the
27governing instrument.

28(c) Applicability.--This section applies only to the extent
29that the charitable organization is subject to one or more of
30the sections of the Internal Revenue Code of 1986 set forth in

1subsection (a).

2§ 7904. Power to amend governing instrument.

3The trustees or directors of every charitable organization
4have the power, acting alone, without the approval of a member,
5court, donor or beneficiary, to amend the instrument governing
6the charitable organization in any manner required for the sole
7purpose of ensuring that:

8(1) Gifts and bequests to the charitable organization
9qualify for charitable deductions available for Federal
10income, gift and estate tax purposes.

11(2) The charitable organization qualifies for tax
12exemptions available for Federal income tax purposes.

13§ 7905. Court authority.

14Nothing in this chapter precludes a court of competent
15jurisdiction from authorizing a deviation from the express terms
16of an instrument governing a charitable organization.

17§ 7906. Applicability.

18This chapter shall apply to:

19(1) A charitable organization created after December 31,
201969.

21(2) A charitable organization created before January 1,
221970, unless a court of competent jurisdiction in a
23proceeding instituted before January 1, 1972, explicitly
24decided that the operation of this chapter would
25substantially impair the accomplishment of the purposes of
26the charitable organization involved in that proceeding.

27Section <-12 18. Section 8113(f) of Title 20 is amended to
28read:

29§ 8113. Charitable trusts.

30* * *

1(f) Charitable organizations.--For a charitable organization
2defined under [the act of June 17, 1971 (P.L.181, No.23), known
3as the Charitable Instruments Act of 1971,] Chapter 79 (relating 
4to charitable instruments) the provisions of [that act] Chapter
579 shall supersede subsection (c) if necessary to comply with
6the minimum investment return requirements.

7Section <-13 19. This act shall apply as follows:

<-8(1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THIS ACT SHALL
9APPLY TO ALL POWERS OF ATTORNEY EXECUTED ON OR AFTER THE
10EFFECTIVE DATE OF THIS SECTION.

11(2) (i) NOTHING IN THIS ACT SHALL BE CONSTRUED TO LIMIT
12THE EFFECTIVENESS OF POWERS OF ATTORNEY IN EFFECT PRIOR
13TO THE EFFECTIVE DATE OF THIS SECTION.

14(ii)  the amendment of 20 Pa.C.S. § 5603(R) SHALL
15APPLY TO ALL POWERS OF ATTORNEY EXECUTED BEFORE, ON OR
16AFTER THE EFFECTIVE DATE OF THIS SECTION.

<-17(1) (3) The addition of 20 Pa.C.S. Ch. 76 shall apply to
18all powers of appointment created before, on or after the
19effective date of that chapter.

<-20(2) (4) The addition of 20 Pa.C.S. Ch. 79 is a
21continuation of the act of June 17, 1971 (P.L.181, No.23),
22known as the Charitable Instruments Act of 1971. The
23following apply:

24(i) All activities initiated under the Charitable
25Instruments Act of 1971 shall continue and remain in full
26force and effect and may be completed under 20 Pa.C.S.
27Ch. 79. Resolutions, orders, regulations, rules and
28decisions which were made under the Charitable
29Instruments Act of 1971 and which are in effect on the
30effective date of this section shall remain in full force

1and effect until revoked, vacated or modified under 20
2Pa.C.S. Ch. 79. Contracts, obligations and agreements
3entered into under the Charitable Instruments Act of 1971
4are not affected nor impaired by the repeal of the
5Charitable Instruments Act of 1971.

6(ii) Any difference in language between 20 Pa.C.S.
7Ch. 79 and the Charitable Instruments Act of 1971 is
8intended only to conform to the style of the Pennsylvania
9Consolidated Statutes and is not intended to change or
10affect the legislative intent, judicial construction or
11administrative interpretation and implementation of the
12Charitable Instruments Act of 1971.

13Section <-14 20. Repeals are as follows:

14(1) The General Assembly declares that the repeal under
15paragraph (2) is necessary to effectuate the addition of 20
16Pa.C.S. Ch. 79.

17(2) The act of June 17, 1971 (P.L.181, No.23), known as
18the Charitable Instruments Act of 1971, is repealed.

19Section <-15 21. This act shall take effect as follows:

20(1) The following provisions shall take effect <-in 60 
21days <-January 1, 2015, or in 180 days, whichever is later:

22(i) The amendment of 20 Pa.C.S. § 3314.

23(ii) The amendment of 20 Pa.C.S. § 3315.

24(iii) The amendment of 20 Pa.C.S. § 3546.

<-25(iv) The amendment of 20 Pa.C.S. § 5456(a).

26(v) The amendment of 20 Pa.C.S. § 5460(a).

27(vi) The addition of 20 Pa.C.S. § 5602(a)(24) and
28(25).

29(vii) The amendment or addition of 20 Pa.C.S. §
305603(d), (r), (u.2) and (u.3).

1(viii) The amendment or addition of 20 Pa.C.S. §
25604(c)(1) and (3).

3(ix) The amendment of 20 Pa.C.S. § 5610.

4(x) The addition of 20 Pa.C.S. § 5612.

<-5(iv) (xi) The repeal of 20 Pa.C.S. § 6103.

<-6(v) (xii) The addition of 20 Pa.C.S. § 6103.1.

<-7(vi) (xiii) The amendment of 20 Pa.C.S. § 7710.1(c).

<-8(vii) (xiv) The amendment of 20 Pa.C.S. § 7722.

<-9(viii) (xv) The amendment of 20 Pa.C.S. § 7740.7(b).

<-10(ix) (xvi) The amendment or addition of 20 Pa.C.S. §
117765(a), (a.1), (b) and (c).

<-12(x) (xvii) The addition of 20 Pa.C.S. § 7780.3(k.1) 
<-13and (k.2).

<-14(xviii) The addition of 20 Pa.C.S. § 7785(a)(3) and
15(4).

<-16(xi) (xix) The amendment of 20 Pa.C.S. § 7792.

<-17(xx) Section 19(1) and (2).

18(2) The remainder of this act shall take effect
19immediately.