75-10-306. Appointment to deceased appointee or permissible appointee‘s descendant.
(1)
Subject to Sections 75-2-603 and 75-2-604, an appointment to a deceased appointee is ineffective.
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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
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.
