Title 75 - Utah Uniform Probate Code - Chapter 10 - Uniform Powers of Appointment Act - Part 3 - Exercise of Power of Appointment - Section 302 - Intent to exercise -- Determining intent from residuary clause.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 75-10-302 Intent to exercise -- Determining intent from residuary clause. (1) As used in this section:

(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's

revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (a) the terms of the instrument containing the residuary clause do not manifest a contrary intent; (b) the power is a general power exercisable in favor of the powerholder's estate; (c) there is no gift-in-default clause or the clause is ineffective; and (d) the powerholder did not release the power.

Enacted by Chapter 125, 2017 General Session