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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 305 - Permissible appointment.
Universal Citation: UT Code § 75-10-305 (2018)
Effective 5/9/2017
75-10-305. Permissible appointment.
Enacted by Chapter 125, 2017 General Session
75-10-305. Permissible appointment.
- (1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
- (2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
- (3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
- (a) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
- (b) create a general power in a permissible appointee; or
- (c) create a nongeneral power in any person to appoint one or more of the permissible appointees of the original nongeneral power.
Enacted by Chapter 125, 2017 General Session
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