Montana § 72-7-311 Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power

Montana Statutes

§ 72-7-311 — Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power

Montana § 72-7-311

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 3Exercise of Power of Appointment

This text of Montana § 72-7-311 (Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral 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. § 72-7-311 (2026).

Text

72-7-311 . Disposition of unappointed property under released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

(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, the unappointed property:

(a)passes to the permissible appointees if:

(i)the permissible appointees are defined and limited; and

(ii)the terms of the instrument creating the power do not manifest a contrary intent; 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.

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72-7-311 . Disposition of unappointed property under released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:
(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, the unappointed property:
(a) passes to the permissible appointees if:
(i) the permissible appointees are defined and limited; and
(ii) the terms of the instrument creating the power do not manifest a contrary intent; 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.