Utah Code § 75A-4-302: Intent to exercise -- Determining intent from residuary clause.
Where this section sits in the code
- Title 75A Fiduciaries
- Chapter 75A-4 Uniform Powers of Appointment Act
- Part 75A-4-3 Exercise of Power of Appointment
(1) As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) the power is a general power exercisable in favor of the powerholder's estate;
(c) there is no gift-in-default clause or the clause is ineffective; and
(d) the powerholder did not release the power.
Collected 2026-09-03T11:34:34Z. Source file · JSON