Montana § 72-7-310 Disposition Of Unappointed Property Under Released Or Unexercised General Power

Montana Statutes

§ 72-7-310 — Disposition Of Unappointed Property Under Released Or Unexercised General Power

Montana § 72-7-310

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 3Exercise of Power of Appointment

This text of Montana § 72-7-310 (Disposition Of Unappointed Property Under Released Or Unexercised 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. § 72-7-310 (2026).

Text

72-7-310 . Disposition of unappointed property under released or unexercised general power. To the extent a powerholder releases or fails to exercise a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust:

(1)the gift-in-default clause controls the disposition of the unappointed property; or

(2)if there is no gift-in-default clause or to the extent the clause is ineffective:

(a)except as otherwise provided in subsection (2)(b), the unappointed property 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)to the extent the powerholder released the power or if ther

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72-7-310 . Disposition of unappointed property under released or unexercised general power. To the extent a powerholder releases or fails to exercise a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust:
(1) the gift-in-default clause controls the disposition of the unappointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective:
(a) except as otherwise provided in subsection (2)(b), the unappointed property 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) to the extent the powerholder released the power or if there is no taker under subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.