Montana Code 72-7-304. Substantial compliance with donor-imposed formal requirement
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72-7-304. Substantial compliance with donor-imposed formal requirement. A powerholder‘s substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
Terms Used In Montana Code 72-7-304
- Donor: The person who makes a gift.
- Donor: means a person who creates a power of appointment. See Montana Code 72-7-102
- Instrument: means a writing. See Montana Code 72-7-102
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Montana Code 72-7-102
- Powerholder: means a person in whom a donor creates a power of appointment. See Montana Code 72-7-102
(1)the powerholder knows of and intends to exercise the power; and
(2)the powerholder’s manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.