Title 75 - Utah Uniform Probate Code - Chapter 10 - Uniform Powers of Appointment Act - Part 3 - Exercise of Power of Appointment - Section 305 - Permissible appointment.


Published: 2019-05-14

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Utah Code

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Effective 5/14/2019 75-10-305 Permissible appointment. (1) A powerholder of a general power of appointment that permits appointment to the powerholder

or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.

(2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.

(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:

(a) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;

(b) create a general power in a permissible appointee; (c) create a nongeneral power in any person to appoint one or more of the permissible

appointees of the original nongeneral power; or (d) create a nongeneral power in a permissible appointee to appoint one or more persons if the

permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.

Amended by Chapter 153, 2019 General Session