Utah § 75A-4-304 Compliance with donor-imposed formal requirements.

Utah Statutes

§ 75A-4-304 — Compliance with donor-imposed formal requirements.

Utah § 75A-4-304

Title 75AFiduciaries

Ch. 75A-4Uniform Powers of Appointment Act

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

This text of Utah § 75A-4-304 (Compliance with donor-imposed formal requirements.) 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-4-304 (2026).

Text

(1)(1)(a) A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized.

(1)(b) If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.

(2)Unless required by the instrument creating the power, the probate of a

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(1) (1)(a) A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized.
(1)(b) If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.
(2) Unless required by the instrument creating the power, the probate of a properly executed will is not required for the exercise of a power to be valid and complete.