Current as of May 05, 2022 | Updated by FindLaw Staff
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(1) As used in this section:
(a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) “Will” includes a codicil and a testamentary instrument that revises another will.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) the power is a general power exercisable in favor of the powerholder's estate;
(c) there is no gift-in-default clause or the clause is ineffective; and
(d) the powerholder did not release the power.
Cite this article: FindLaw.com - Utah Code Title 75. Utah Uniform Probate Code § 75-10-302. Intent to exercise--Determining intent from residuary clause - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-75-utah-uniform-probate-code/ut-code-sect-75-10-302/
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