Title 75 - Utah Uniform Probate Code - Chapter 10 - Uniform Powers of Appointment Act - Part 3 - Exercise of Power of Appointment - Section 311 - Disposition of unappointed property under released or unexercised nongeneral power.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 75-10-311 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 Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Enacted by Chapter 125, 2017 General Session