Montana § 72-7-302 Intent To Exercise -- Determining Intent From Residuary Clause

Montana Statutes

§ 72-7-302 — Intent To Exercise -- Determining Intent From Residuary Clause

Montana § 72-7-302

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 3Exercise of Power of Appointment

This text of Montana § 72-7-302 (Intent To Exercise -- Determining Intent From Residuary Clause) 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. § 72-7-302 (2026).

Text

72-7-302 . Intent to exercise -- determining intent from residuary clause.

(1)In this section:

(a)"Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b)"Will" includes a codicil and a testamentary instrument that revises another will.

(2)A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:

(a)the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(b)the power is a general power exercisable in favor of the powerholder's estate;

(c)there is no gift-in-default clause or the clause is ineffective; and

(d)the powerholder did not release the power.

Free access — add to your briefcase to read the full text and ask questions with AI

72-7-302 . Intent to exercise -- determining intent from residuary clause. (1) In this section:
(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) "Will" includes a codicil and a testamentary instrument that revises another will.
(2) A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:
(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) the power is a general power exercisable in favor of the powerholder's estate;
(c) there is no gift-in-default clause or the clause is ineffective; and
(d) the powerholder did not release the power.