§ 28-76-105 — Exclusions

(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) This chapter does not apply to a: (1) power of appointment; (2) power to appoint or remove a trustee or trust director; (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (A) the beneficiary; or (B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or (5) power over a trust if: (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and (B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended. (c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.

Legislative History

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.