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·Title 75A Fiduciaries·Ch. 75A-4 Uniform Powers of Appointment Act·Part 75A-4-3 Exercise of Power of Appointment

(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.

Utah § 75A-4-302 (Intent to exercise -- Determining intent from residuary clause.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.