Subject to Section 75A-4-205, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:

(1) presently exercisable;

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Terms Used In Utah Code 75A-4-203

  • Instrument: means a record. 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
(2) exclusionary; and
(3) except as otherwise provided in Section 75A-4-204, general.