Utah § 75A-4-310 Disposition of unappointed property under released or unexercised general power.

Utah Statutes

§ 75A-4-310 — Disposition of unappointed property under released or unexercised general power.

Utah § 75A-4-310

Title 75AFiduciaries

Ch. 75A-4Uniform Powers of Appointment Act

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

This text of Utah § 75A-4-310 (Disposition of unappointed property under released or unexercised general power.) 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-4-310 (2026).

Text

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:

(2)(a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:

(2)(a)(i) the powerholder if the powerholder is a permissible appointee and is living; or

(2)(a)(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or

(2)(b) to the extent the powerholder released the power, or if there is no taker under Subsection (2)(a), the unappointed property pass

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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:
(2)(a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:
(2)(a)(i) the powerholder if the powerholder is a permissible appointee and is living; or
(2)(a)(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
(2)(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.