{"data":{"id":"us-mt/72-7-301","jurisdiction":"us-mt","citation":"72-7-301","heading":"Requisites for exercise of power of appointment.","body":"(1) A power of appointment is exercised only:\n(a) if the instrument exercising the power is valid under applicable law;\n(b) if the terms of the instrument exercising the power:\n(i) manifest the powerholder's intent to exercise the power; and\n(ii) subject to 72-7-304, satisfy the requirements of exercise, if any, imposed by the donor; and\n(c) to the extent the appointment is a permissible exercise of the power.\n(2) Notwithstanding any other provision of this act, the property subject to a power of appointment may not pass to and may not be administered as a part of the powerholder's probate estate unless:\n(a) the power of appointment is a general one that expressly authorizes the powerholder to appoint the appointive property to his or her own estate; and\n(b) the powerholder utilizes clear and unequivocal language demonstrating a specific intent to exercise the power in favor of his or her own estate.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT","Part 3. Exercise of Power of Appointment"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0070/part_0030/section_0010/0720-0070-0030-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:09Z","sha256":"0975bc8ca083dbeb8fd2a7177ee5b6f3d5d19a4a3adb79e2a5f9b369b7f8aadc","source_id":"us-mt","stale":false,"prev":"us-mt/72-7-206","next":"us-mt/72-7-302"},"notice":"GroundRules: Original legal text. Not legal advice."}