Title 75 - Utah Uniform Probate Code - Chapter 10 - Uniform Powers of Appointment Act - Part 5 - Rights of Powerholder's Creditors in Appointive Property - Section 502 - Creditor claim -- Power not created by powerholder.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 75-10-502 Creditor claim -- Power not created by powerholder. (1) The property subject to a general or a nongeneral power of appointment not created

by the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim of a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power and the powerholder's creditors may not acquire the power, any rights thereto, or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.

(2) As set forth in Section 75-10-103, the law of the donor's domicile at the time of creation shall govern claims of creditors and other parties claiming an interest in property or rights subject to a power of appointment.

Enacted by Chapter 125, 2017 General Session