75-10-405.  Power to contract — Presently exercisable power of appointment.
     A powerholder of a presently exercisable power of appointment may contract:

(1)  not to exercise the power; or

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Terms Used In Utah Code 75-10-405

  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at a relevant time. See Utah Code 75-10-102
(2)  to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

Enacted by Chapter 125, 2017 General Session