Montana Statutes

§ 72-7-306 — Appointment To Deceased Appointee Or Permissible Appointee's Descendant

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 7 UNIFORM POWERS OF APPOINTMENT ACT·Part 3 Exercise of Power of Appointment

72-7-306 . Appointment to deceased appointee or permissible appointee's descendant.

(1)Subject to the antilapse provisions of 72-2-613 , an appointment to a deceased appointee is ineffective.
(2)Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.

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Legislative History

En. Sec. 16, Ch. 293, L. 2015.

Nearby Sections

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