{"data":{"id":"us-mt/72-7-201","jurisdiction":"us-mt","citation":"72-7-201","heading":"Creation of power of appointment.","body":"(1) A power of appointment is created only if:\n(a) the instrument creating the power:\n(i) is valid under applicable law; and\n(ii) except as otherwise provided in subsection (2), transfers the appointive property; and\n(b) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.\n(2) Subsection (1)(a)(ii) does not apply to the creation of a power of appointment by the exercise of a power of appointment.\n(3) A power of appointment may not be created in a deceased individual.\n(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT","Part 2. Creation, Revocation, and Amendment of Power of Appointment"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0070/part_0020/section_0010/0720-0070-0020-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:09Z","sha256":"c65ef712ab35031417a3773a3014a1259a53a8a0d1b01db203c0a0829a930e07","source_id":"us-mt","stale":false,"prev":"us-mt/72-7-104","next":"us-mt/72-7-202"},"notice":"GroundRules: Original legal text. Not legal advice."}