2023 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 2 - Intestate Succession and Wills
Part 12 - Statutory Rule Against Perpetuities
Section 1204 - When nonvested property interest or power of appointment created.

Universal Citation: UT Code § 75-2-1204 (2023)
Effective 5/3/2023
75-2-1204. When nonvested property interest or power of appointment created.
  • (1) Except as otherwise provided in this section or Section 75-2-1207, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
  • (2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:
    • (a) a nonvested property interest; or
    • (b) a property interest subject to a power of appointment described in Section 75-2-1203, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
  • (3) For purposes of this title, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
  • (4) A person who exercises an initial power of appointment may provide in the exercise of that power of appointment:
    • (a) for a nonvested property interest that is considered:
      • (i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and
      • (ii) not created at the time of the creation of the initial power of appointment that is exercised; and
    • (b) for a further power of appointment created by the exercise of the initial power of appointment that is considered:
      • (i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and
      • (ii) not created at the time of the creation of the initial power of appointment that is exercised.


Amended by Chapter 421, 2023 General Session
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