2021 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 10 - Uniform Powers of Appointment Act
Part 3 - Exercise of Power of Appointment
Section 309 - Capture doctrine -- Disposition of ineffectively appointed property under general power.

Universal Citation: UT Code § 75-10-309 (2021)
Effective 5/9/2017
75-10-309. Capture doctrine -- Disposition of ineffectively appointed property under general power.
To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
  • (1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or
  • (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
    • (a) 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) if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.


Enacted by Chapter 125, 2017 General Session
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