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Utah · Through 2026 General Session

Utah Code § 75A-4-311: Disposition of unappointed property under released or unexercised nongeneral 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 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 2026-09-03T11:34:34Z. Source file · JSON

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