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Montana · Through Montana Code Annotated 2025

72-7-311: Disposition of unappointed property under released or unexercised nongeneral power.

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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

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.

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

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