As provided by Section 75-2-801:

(1) A powerholder may disclaim all or part of a power of appointment.

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 75A-4-401

  • 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
  • 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
  • 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
(2) A permissible appointee, an appointee, or a taker in default of appointment may disclaim all or part of an interest in appointive property.