{"data":{"id":"us-mt/72-7-302","jurisdiction":"us-mt","citation":"72-7-302","heading":"Intent to exercise -- determining intent from residuary clause.","body":"(1) In this section:\n(a) \"Residuary clause\" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.\n(b) \"Will\" includes a codicil and a testamentary instrument that revises another will.\n(2) A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:\n(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;\n(b) the power is a general power exercisable in favor of the powerholder's estate;\n(c) there is no gift-in-default clause or the clause is ineffective; and\n(d) the powerholder did not release the power.","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_0020/0720-0070-0030-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:09Z","sha256":"0dc919b2a2251c9a0c0e703c30acd3472e6149c3cdded8338008cca0a03c17f7","source_id":"us-mt","stale":false,"prev":"us-mt/72-7-301","next":"us-mt/72-7-303"},"notice":"GroundRules: Original legal text. Not legal advice."}