75-10-311.  Disposition of unappointed property under released or unexercised nongeneral power.
     To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

(1)  the gift-in-default clause controls the disposition of the unappointed property; or

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Terms Used In Utah Code 75-10-311

  • Donor: The person who makes a gift.
  • Donor: means a person that creates a power of appointment. 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
  • Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(2)  if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:

(a)  passes to the permissible appointees if:

(i)  the permissible appointees are defined and limited; and

(ii)  the terms of the instrument creating the power do not manifest a contrary intent; or

(b)  if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor‘s transferee or successor in interest.

Enacted by Chapter 125, 2017 General Session

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