Montana Code 72-7-103. Governing law
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72-7-103. Governing law. Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
Terms Used In Montana Code 72-7-103
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Instrument: means a writing. See Montana Code 72-7-102
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Montana Code 72-7-102
- Powerholder: means a person in whom a donor creates a power of appointment. See Montana Code 72-7-102
(1)the creation, revocation, or amendment of the power is governed by the law of the donor‘s domicile at the relevant time; and
(2)the exercise, release, or disclaimer of the power or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder‘s domicile at the relevant time.