Title 75 - Utah Uniform Probate Code - Chapter 10 - Uniform Powers of Appointment Act - Part 5 - Rights of Powerholder's Creditors in Appointive Property - Section 503 - Power to withdraw.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 75-10-503 Power to withdraw. (1) For purposes of this part, and except as otherwise provided in Subsection (2), 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.

(2) 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. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b).

Enacted by Chapter 125, 2017 General Session