Utah Code § 75A-4-309

Capture doctrine -- Disposition of ineffectively appointed property under general
Open in Lexace · Ask the AI about this section
power.
 To the extent a powerholder of a general power of appointment, other than a power to withdraw
property from, revoke, or amend a trust, makes an ineffective appointment:
(1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively
appointed property:
(a) passes to:
(i) the powerholder if the powerholder is a permissible appointee and is living; or
(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if
the estate is a permissible appointee; 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.
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.