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Utah · Through 2026 General Session

Utah Code § 75A-4-302: Intent to exercise -- Determining intent from residuary clause.

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Where this section sits in the code
  1. Title 75A Fiduciaries
  2. Chapter 75A-4 Uniform Powers of Appointment Act
  3. 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

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