Utah Code 75A-4-306. Appointment to deceased appointee or permissible appointee’s descendant
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(1) Subject to Sections 75-2-603 and 75-2-604 , an appointment to a deceased appointee is ineffective.
Terms Used In Utah Code 75A-4-306
- Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75A-4-102
- Descendant: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-4-102 - Instrument: means a record. 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
- 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
(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.