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
15
§ 72-7-101
Short Title§ 72-7-102
Definitions§ 72-7-103
Governing Law§ 72-7-104
Common Law And Principles Of Equity§ 72-7-201
Creation Of Power Of Appointment§ 72-7-202
Nontransferability§ 72-7-203
Presumption Of Unlimited Authority§ 72-7-205
Rules Of Classification§ 72-7-206
Power To Revoke Or Amend§ 72-7-305
Permissible Appointment