Utah Code § 75A-4-311: Disposition of unappointed property under released or unexercised nongeneral power.
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
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