Missouri § 456.1055 Capture doctrine — disposition of ineffectively appointed property under general power.

Missouri Statutes

§ 456.1055 — Capture doctrine — disposition of ineffectively appointed property under general power.

Missouri § 456.1055

Title XXXITRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Ch. 456Trusts and Trustees — The Uniform Trust Code

This text of Missouri § 456.1055 (Capture doctrine — disposition of ineffectively appointed property under general power.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 456.1055 (2026).

Text

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:

(1)The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2)If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a)Passes to the powerholder if the powerholder is a permissible appointee and living; or

(b)If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or

(c)If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successo

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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:

(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a) Passes to the powerholder if the powerholder is a permissible appointee and living; or

(b) If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or

(c) If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.