Terms Used In Utah Code > Title 75A > Chapter 4 > Part 3 - Exercise of Power of Appointment

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75A-4-102
• Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75A-4-102
• Blanket-exercise clause: includes a clause that:
            (3)(b)(i) expressly uses the words "any power" in exercising any power of appointment the powerholder has;
            (3)(b)(ii) expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or
            (3)(b)(iii) disposes of all property subject to disposition by the powerholder. See Utah Code 75A-4-102
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Descendant: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-4-102
• Donor: The person who makes a gift.
• Donor: means a person that creates a power of appointment. See Utah Code 75A-4-102
• Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-4-102
• Fraud: Intentional deception resulting in injury to another.
• General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75A-4-102
• Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75A-4-102
• Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75A-4-102
• Instrument: means a record. See Utah Code 75A-4-102
• Nongeneral power of appointment: includes a special power of appointment, a limited power of appointment, or similar terminology that is used in an instrument creating a power that does not grant powers making it a general power of appointment. See Utah Code 75A-4-102
• Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75A-4-102
• Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-4-102
• 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 75A-4-102
• Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75A-4-102
• Probate: Proving a will
• Property: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-4-102
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75A-4-102
• Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75A-4-102
• Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75A-4-102
• Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-4-102