Montana Statutes
§ 72-7-201 — Creation Of Power Of Appointment
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 7 UNIFORM POWERS OF APPOINTMENT ACT·Part 2 Creation, Revocation, and Amendment of Power of Appointment
72-7-201 . Creation of power of appointment.
(1)A power of appointment is created only if:
(a)the instrument creating the power:
(i)is valid under applicable law; and
(ii)except as otherwise provided in subsection (2), transfers the appointive property; and
(b)the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(2)Subsection (1)(a)(ii) does not apply to the creation of a power of appointment by the exercise of a power of appointment.
(3)A power of appointment may not be created in a deceased individual.
(4)Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerhold
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Legislative History
En. Sec. 5, Ch. 293, L. 2015.
Nearby Sections
15
§ 72-7-101
Short Title§ 72-7-102
Definitions§ 72-7-103
Governing Law§ 72-7-104
Common Law And Principles Of Equity§ 72-7-201
Creation Of Power Of Appointment§ 72-7-202
Nontransferability§ 72-7-203
Presumption Of Unlimited Authority§ 72-7-205
Rules Of Classification§ 72-7-206
Power To Revoke Or Amend§ 72-7-305
Permissible Appointment