2021 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 10 - Uniform Powers of Appointment Act
Part 3 - Exercise of Power of Appointment
Section 302 - Intent to exercise -- Determining intent from residuary clause.

Universal Citation: UT Code § 75-10-302 (2021)
Effective 5/9/2017
75-10-302. Intent to exercise -- Determining intent from residuary clause.
  • (1) As used in this section:
    • (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
    • (b) "Will" includes a codicil and a testamentary instrument that revises another will.
  • (2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
    • (a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
    • (b) the power is a general power exercisable in favor of the powerholder's estate;
    • (c) there is no gift-in-default clause or the clause is ineffective; and
    • (d) the powerholder did not release the power.


Enacted by Chapter 125, 2017 General Session
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