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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.
Amended by Chapter 244, 2018 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 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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