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2019 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 10 - Uniform Powers of Appointment Act
Part 3 - Exercise of Power of Appointment
Section 310 - Disposition of unappointed property under released or unexercised general power.
Universal Citation: UT Code § 75-10-310 (2019)
Effective 5/9/2017
75-10-310. Disposition of unappointed property under released or unexercised general power.
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:
Enacted by Chapter 125, 2017 General Session
75-10-310. Disposition of unappointed property under released or unexercised general power.
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:
- (1) the gift-in-default clause controls the disposition of the unappointed property; or
- (2) if there is no gift-in-default clause or to the extent the clause is ineffective:
- (a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:
- (i) the powerholder if the powerholder is a permissible appointee and is living; or
- (ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
- (b) to the extent the powerholder released the power, or if there is no taker under Subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
- (a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:
Enacted by Chapter 125, 2017 General Session
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