To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:

1. (1) the gift-in-default clause controls the disposition of the unappointed property; or

2. (2) if there is no gift-in-default clause or to the extent the clause is ineffective:

   1. (a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:

      1. (i) the powerholder if the powerholder is a permissible appointee and is living; or
      2. (ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
   2. (b) to the extent the powerholder released the power, or if there is no taker under Subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Renumbered and Amended by Chapter 364, 2024 General Session