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2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 10 - Uniform Powers of Appointment Act
Part 2 - Creation, Revocation, and Amendment of Power of Appointment
Section 201 - Creation of power of appointment.
Universal Citation: UT Code § 75-10-201 (2017)
Effective 5/9/2017
75-10-201. Creation of power of appointment.
Enacted by Chapter 125, 2017 General Session
75-10-201. Creation of power of appointment.
- (1) A power of appointment is created only if:
- (a) the instrument creating the power:
- (i) is valid under applicable law; and
- (ii) except as otherwise provided in Subsection (2), transfers the appointive property; and
- (b) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
- (a) the instrument creating the power:
- (2) Subsection (1)(a)(ii) does not apply to the creation of a power of appointment by the exercise of a power of appointment.
- (3) A power of appointment may not be created in a deceased individual.
- (4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
Enacted by Chapter 125, 2017 General Session
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