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Utah Code Title 75A. Fiduciaries § 75A-4-201. Creation of power of appointment

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A power of appointment is created only if:

(a) the instrument creating the power is valid under applicable law; and

(b) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(2) A power of appointment may be created by the exercise of a power of appointment.

(3) A power of appointment may not be created in a deceased individual.

(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

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Cite this article: FindLaw.com - Utah Code Title 75A. Fiduciaries § 75A-4-201. Creation of power of appointment - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-75a-fiduciaries/ut-code-sect-75a-4-201/

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