Utah Code § 75A-4-311

Disposition of unappointed property under released or unexercised nongeneral power.

Last amended: 2024Year: 2026Length: 104 wordsOfficial source
To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (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, the unappointed property: (a) passes to the permissible appointees if: (i) the permissible appointees are defined and limited; and (ii) the terms of the instrument creating the power do not manifest a contrary intent; 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.
Utah Code § 75A-4-311: Disposition of unappointed property under released or unexercised nongeneral power. | Justis AI