Montana § 72-7-301 Requisites For Exercise Of Power Of Appointment

Montana Statutes

§ 72-7-301 — Requisites For Exercise Of Power Of Appointment

Montana § 72-7-301

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 3Exercise of Power of Appointment

This text of Montana § 72-7-301 (Requisites For Exercise Of Power Of Appointment) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-7-301 (2026).

Text

72-7-301 . Requisites for exercise of power of appointment.

(1)A power of appointment is exercised only:

(a)if the instrument exercising the power is valid under applicable law;

(b)if the terms of the instrument exercising the power:

(i)manifest the powerholder's intent to exercise the power; and

(ii)subject to 72-7-304 , satisfy the requirements of exercise, if any, imposed by the donor; and

(c)to the extent the appointment is a permissible exercise of the power.

(2)Notwithstanding any other provision of this act, the property subject to a power of appointment may not pass to and may not be administered as a part of the powerholder's probate estate unless:

(a)the power of appointment is a general one that expressly authorizes the powerholder to appoint the appointive property to h

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72-7-301 . Requisites for exercise of power of appointment. (1) A power of appointment is exercised only:
(a) if the instrument exercising the power is valid under applicable law;
(b) if the terms of the instrument exercising the power:
(i) manifest the powerholder's intent to exercise the power; and
(ii) subject to 72-7-304 , satisfy the requirements of exercise, if any, imposed by the donor; and
(c) to the extent the appointment is a permissible exercise of the power.
(2) Notwithstanding any other provision of this act, the property subject to a power of appointment may not pass to and may not be administered as a part of the powerholder's probate estate unless:
(a) the power of appointment is a general one that expressly authorizes the powerholder to appoint the appointive property to his or her own estate; and
(b) the powerholder utilizes clear and unequivocal language demonstrating a specific intent to exercise the power in favor of his or her own estate.