2017 Montana Code Annotated
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT
Part 3. Exercise of Power of Appointment
72-7-301. Requisites for exercise of power of appointment
72-7-301. Requisites for exercise of power of appointment. (1) A power of appointment is exercised only:
(a) if the instrument exercising the power is valid under applicable law;
(b) if the terms of the instrument exercising the power:
(i) manifest the powerholder's intent to exercise the power; and
(ii) subject to 72-7-304, satisfy the requirements of exercise, if any, imposed by the donor; and
(c) to the extent the appointment is a permissible exercise of the power.
(2) Notwithstanding any other provision of this act, the property subject to a power of appointment may not pass to and may not be administered as a part of the powerholder's probate estate unless:
(a) the power of appointment is a general one that expressly authorizes the powerholder to appoint the appointive property to his or her own estate; and
(b) the powerholder utilizes clear and unequivocal language demonstrating a specific intent to exercise the power in favor of his or her own estate.
History: En. Sec. 11, Ch. 293, L. 2015.
