A powerholder of a presently exercisable power of appointment may contract:

(1) not to exercise the power; or

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Terms Used In Utah Code 75A-4-405

  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75A-4-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75A-4-102
  • Presently exercisable power of appointment: includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
              (17)(b)(i) the occurrence of the specified event;
              (17)(b)(ii) the satisfaction of the ascertainable standard; or
              (17)(b)(iii) the passage of the specified time. See Utah Code 75A-4-102
(2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.