Utah § 75A-4-302 Intent to exercise -- Determining intent from residuary clause.

Utah Statutes

§ 75A-4-302 — Intent to exercise -- Determining intent from residuary clause.

Utah § 75A-4-302

Title 75AFiduciaries

Ch. 75A-4Uniform Powers of Appointment Act

Part 75A-4-3Exercise of Power of Appointment

This text of Utah § 75A-4-302 (Intent to exercise -- Determining intent from residuary clause.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75A-4-302 (2026).

Text

(1)As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(2)A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(2)(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(2)(b) the power is a general power exercisable in favor of the powerholder's estate;

(2)(c) there is no gift-in-default clause or the clause is ineffective; and

(2)(d) the powerholder did not release the power.

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(1) As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(2)(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(2)(b) the power is a general power exercisable in favor of the powerholder's estate;
(2)(c) there is no gift-in-default clause or the clause is ineffective; and
(2)(d) the powerholder did not release the power.