2018 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 (2018)
Effective 5/8/2018
75-10-201. Creation of power of appointment.
  • (1) A power of appointment is created only if:
    • (a) the instrument creating the power is valid under applicable law; 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.
  • (2) A power of appointment may be created 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.


Amended by Chapter 244, 2018 General Session
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