Montana Statutes

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

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

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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Montana § 72-7-309 (Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 19, Ch. 293, L. 2015.

Nearby Sections

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