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. (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. (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:

    1. (a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
    2. (b) the power is a general power exercisable in favor of the powerholder's estate;
    3. (c) there is no gift-in-default clause or the clause is ineffective; and
    4. (d) the powerholder did not release the power.

Amended by Chapter 310, 2025 General Session

Log InSign Up