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2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 7. Uniform Powers of Appointment Act
Part 2. Creation, Revocation, and Amendment of Power of Appointment
72-7-204. Exception to presumption of unlimited authority
Universal Citation: MT Code § 72-7-204 (2019)
72-7-204. Exception to presumption of unlimited authority. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:
(1) the power is exercisable only at the powerholder's death; and
(2) the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.
History: En. Sec. 8, Ch. 293, L. 2015.
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