75-10-303.  Intent to exercise — After-acquired power.
     Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:

(1)  except as otherwise provided in Subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and

will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 75-10-303

  • Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102
  • Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102
  • Instrument: means a record. See Utah Code 75-10-102
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
(2)  if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.

Enacted by Chapter 125, 2017 General Session

  Previous section
Next section  
 Part 3 Contents