Utah Code Ann. § 75A-4-302
Intent to exercise -- Determining intent from residuary clause.
Effective May 7, 2025Amended by Chapter 310, 2025 General Session
- (1) As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(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.
Amended by Chapter 310, 2025 General Session