Utah Code § 75A-4-305

Permissible appointment
Open in Lexace · Ask the AI about this section
(1) A powerholder of a general power of appointment that permits appointment to the powerholder
or the powerholder's estate may make any appointment, including an appointment in trust or
creating a new power of appointment, that the powerholder could make in disposing of the
powerholder's own property.
(2) A powerholder of a general power of appointment that permits appointment only to the creditors
of the powerholder or of the powerholder's estate may appoint only to those creditors.
(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent,
the powerholder of a nongeneral power may:
(a) make an appointment in any form, including an appointment in trust, in favor of a permissible
appointee;
(b) create a general power in a permissible appointee;
(c) create a nongeneral power in any person to appoint one or more of the permissible
appointees of the original nongeneral power; or
(d) create a nongeneral power in a permissible appointee to appoint one or more persons if the
permissible appointees of the new nongeneral power include the permissible appointees of
the original nongeneral power.
Renumbered and Amended by Chapter 364, 2024 General Session

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.