Montana § 72-7-309 Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power

Montana Statutes

§ 72-7-309 — Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power

Montana § 72-7-309

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 3Exercise of Power of Appointment

This text of Montana § 72-7-309 (Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power) 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. § 72-7-309 (2026).

Text

72-7-309 . Capture doctrine -- disposition of ineffectively appointed property under general power. 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:

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

(ii)if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(b)if there is no taker under subsection (2)(a), passes under a reversion

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72-7-309 . Capture doctrine -- disposition of ineffectively appointed property under general power. 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:
(i) the powerholder if the powerholder is a permissible appointee and living; or
(ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.