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Utah Code § 75A-4-201

Creation of power of appointment

Renumbered and Amended by Chapter 364, 2024 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.