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Utah · Through 2026 General Session

Utah Code § 75A-4-309: Capture doctrine -- Disposition of ineffectively appointed property under general power.

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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

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a) passes to:

(i) the powerholder if the powerholder is a permissible appointee and is living; or

(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; 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 2026-09-03T11:34:34Z. Source file · JSON

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