{"data":{"id":"us-ut/utah-code-75a-4-309","jurisdiction":"us-ut","citation":"Utah Code § 75A-4-309","heading":"Capture doctrine -- Disposition of ineffectively appointed property under general power.","body":"To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:\n(1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or\n(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:\n(a) passes to:\n(i) the powerholder if the powerholder is a permissible appointee and is living; or\n(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or\n(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.","path":["Title 75A Fiduciaries","Chapter 75A-4 Uniform Powers of Appointment Act","Part 75A-4-3 Exercise of Power of Appointment"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter4/75A-4-S309.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"e033899266acf09bae7b976397b8646a8da3bb6f7c7ba103961f0843edfc27bf","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-4-308","next":"us-ut/utah-code-75a-4-310"},"notice":"GroundRules: Original legal text. Not legal advice."}