Utah Code 75-10-103. Governing law
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(1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
Terms Used In Utah Code 75-10-103
- 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 75-10-102
- Donor: The person who makes a gift.
- Donor: means a person that creates a power of appointment. See Utah Code 75-10-102
- Instrument: means a record. See Utah Code 75-10-102
- 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 75-10-102
- Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
(1)(a) the creation, revocation, amendment, interpretation and definition of terms, or the determination of the rights of the appointee of the power is governed by the law of the donor‘s domicile at the relevant time; and
(1)(b) the formalities for the exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder‘s state of domicile at the relevant time.
(2) The law of the powerholder’s state of domicile may not govern the interpretation and definition of terms, or the determination of the rights of the appointee of the power, which shall be governed by the law of the donor‘s domicile at the relevant time.
(3) Claims of creditors, including creditor claims regarding a power not created by a powerholder as set forth in Section 75-10-502, and other parties claiming an interest in property or rights subject to a power will be governed by the laws of the donor’s domicile at the time of the creation of the power and not the powerholder’s state of domicile either at the time of the creation of the power or at the time of exercise of the power.