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2018 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 10 - Uniform Powers of Appointment Act
Part 3 - Exercise of Power of Appointment
Section 304 - Compliance with donor-imposed formal requirements.
Universal Citation: UT Code § 75-10-304 (2018)
Effective 5/9/2017
75-10-304. Compliance with donor-imposed formal requirements.
Enacted by Chapter 125, 2017 General Session
75-10-304. Compliance with donor-imposed formal requirements.
- (1) A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized. If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.
- (2) Unless required by the instrument creating the power, the probate of a properly executed will is not required for the exercise of a power to be valid and complete.
Enacted by Chapter 125, 2017 General Session
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