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Montana · Through Montana Code Annotated 2025

72-7-306: Appointment to deceased appointee or permissible appointee's descendant.

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Where this section sits in the code
  1. TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
  2. CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT
  3. Part 3. Exercise of Power of Appointment

(1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.

(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.

Collected 2026-09-14T04:59:09Z. Source file · JSON

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