Utah Code 75-10-306. Appointment to deceased appointee or permissible appointee’s descendant
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(1) Subject to Sections 75-2-603 and 75-2-604, an appointment to a deceased appointee is ineffective.
Terms Used In Utah Code 75-10-306
- Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
- Descendant: means all of an individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. See Utah Code 75-1-201 v2
- Instrument: means a record. See Utah Code 75-10-102
- Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. 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) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.