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Utah · Through 2026 General Session

Utah Code § 75-2-1204: When nonvested property interest or power of appointment created.

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Where this section sits in the code
  1. Title 75 Utah Uniform Probate Code
  2. Chapter 75-2 Intestate Succession and Wills
  3. Part 75-2-12 Statutory Rule Against Perpetuities

(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.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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