reglab/housing_qa huggingface dataset:
MT Code § 72-6-418 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-418. Severability

  72-6-418. Severability. If any provision of this code or the application of this code to any person or circumstances is held invalid, the invalidity may not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.   History: En. Sec. 2, Ch. 313, L. 2019.
MT Code § 72-7-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 1. General Provisions|72-7-101. Short title

  72-7-101. Short title. This chapter may be cited as the "Uniform Powers of Appointment Act".   History: En. Sec. 1, Ch. 293, L. 2015.
MT Code § 72-7-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 1. General Provisions|72-7-103. Governing law

  72-7-103. Governing law. Unless the terms of the instrument creating a power of appointment manifest a contrary intent:   (1) the creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and   (2) the exercise, release, or disclaimer of the power or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder's domicile at the relevant time.   History: En. Sec. 3, Ch. 293, L. 2015.
MT Code § 72-7-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 1. General Provisions|72-7-104. Common law and principles of equity

  72-7-104. Common law and principles of equity. The common law and principles of equity supplement this act, except to the extent modified by this act or a law of this state other than this act.   History: En. Sec. 4, Ch. 293, L. 2015.
MT Code § 72-7-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-201. Creation of power of appointment

  72-7-201. Creation of power of appointment. (1) A power of appointment is created only if:   (a) the instrument creating the power:   (i) is valid under applicable law; and   (ii) except as otherwise provided in subsection (2), transfers the appointive property; 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) Subsection (1)(a)(ii) does not apply to the creation of a power of appointment 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.   History: En. Sec. 5, Ch. 293, L. 2015.
MT Code § 72-7-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-202. Nontransferability

  72-7-202. Nontransferability. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.   History: En. Sec. 6, Ch. 293, L. 2015.
MT Code § 72-7-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-203. Presumption of unlimited authority

  72-7-203. Presumption of unlimited authority. Subject to 72-7-204 and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:   (1) presently exercisable;   (2) exclusionary; and   (3) except as otherwise provided in 72-7-204, general.   History: En. Sec. 7, Ch. 293, L. 2015.
MT Code § 72-7-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-204. Exception to presumption of unlimited authority

  72-7-204. Exception to presumption of unlimited authority. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:   (1) the power is exercisable only at the powerholder's death; and   (2) the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.   History: En. Sec. 8, Ch. 293, L. 2015.
MT Code § 72-7-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-205. Rules of classification

  72-7-205. Rules of classification. (1) In this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.   (2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.   (3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.   History: En. Sec. 9, Ch. 293, L. 2015.
MT Code § 72-7-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 2. Creation, Revocation, and Amendment of Power of Appointment|72-7-206. Power to revoke or amend

  72-7-206. Power to revoke or amend. A donor may revoke or amend a power of appointment only to the extent that:   (1) the instrument creating the power is revocable by the donor; or   (2) the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.   History: En. Sec. 10, Ch. 293, L. 2015.
MT Code § 72-7-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-301. Requisites for exercise of power of appointment

  72-7-301. Requisites for exercise of power of appointment. (1) A power of appointment is exercised only:   (a) if the instrument exercising the power is valid under applicable law;   (b) if the terms of the instrument exercising the power:   (i) manifest the powerholder's intent to exercise the power; and   (ii) subject to 72-7-304, satisfy the requirements of exercise, if any, imposed by the donor; and   (c) to the extent the appointment is a permissible exercise of the power.   (2) Notwithstanding any other provision of this act, the property subject to a power of appointment may not pass to and may not be administered as a part of the powerholder's probate estate unless:   (a) the power of appointment is a general one that expressly authorizes the powerholder to appoint the appointive property to his or her own estate; and   (b) the powerholder utilizes clear and unequivocal language demonstrating a specific intent to exercise the power in favor of his or her own estate.   History: En. Sec. 11, Ch. 293, L. 2015.
MT Code § 72-7-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-302. Intent to exercise -- determining intent from residuary clause

  72-7-302. Intent to exercise -- determining intent from residuary clause. (1) In this section:   (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.   (b) "Will" includes a codicil and a testamentary instrument that revises another will.   (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.   History: En. Sec. 12, Ch. 293, L. 2015.
MT Code § 72-7-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-303. Intent to exercise -- after-acquired power

  72-7-303. Intent to exercise -- after-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:   (1) except as otherwise provided in subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and   (2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.   History: En. Sec. 13, Ch. 293, L. 2015.
MT Code § 72-7-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-304. Substantial compliance with donor-imposed formal requirement

  72-7-304. Substantial compliance with donor-imposed formal requirement. A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:   (1) the powerholder knows of and intends to exercise the power; and   (2) the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.   History: En. Sec. 14, Ch. 293, L. 2015.
MT Code § 72-7-305 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-305. Permissible appointment

  72-7-305. Permissible appointment. (1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.   (2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.   (3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:   (a) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;   (b) create a general power in a permissible appointee;   (c) create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or   (d) create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.   History: En. Sec. 15, Ch. 293, L. 2015; amd. Sec. 1, Ch. 200, L. 2019.
MT Code § 72-7-306 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-306. Appointment to deceased appointee or permissible appointee's descendant

  72-7-306. Appointment to deceased appointee or permissible appointee's descendant. (1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.   (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.   History: En. Sec. 16, Ch. 293, L. 2015.
MT Code § 72-7-307 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-307. Impermissible appointment

  72-7-307. Impermissible appointment. (1) Except as otherwise provided in 72-7-306, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.   (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.   History: En. Sec. 17, Ch. 293, L. 2015.
MT Code § 72-7-308 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-308. Selective allocation doctrine

  72-7-308. Selective allocation doctrine. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.   History: En. Sec. 18, Ch. 293, L. 2015.
MT Code § 72-7-309 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-309. Capture doctrine -- disposition of ineffectively appointed property under general power

  72-7-309. Capture doctrine -- disposition of ineffectively appointed property under general power. To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:   (1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or   (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:   (a) passes to:   (i) the powerholder if the powerholder is a permissible appointee and living; or   (ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or   (b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.   History: En. Sec. 19, Ch. 293, L. 2015.
MT Code § 72-7-310 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-310. Disposition of unappointed property under released or unexercised general power

  72-7-310. Disposition of unappointed property under released or unexercised general power. 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) the gift-in-default clause controls the disposition of the unappointed property; or   (2) if there is no gift-in-default clause or to the extent the clause is ineffective:   (a) except as otherwise provided in subsection (2)(b), the unappointed property passes to:   (i) the powerholder if the powerholder is a permissible appointee and living; or   (ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or   (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.   History: En. Sec. 20, Ch. 293, L. 2015.
MT Code § 72-7-311 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-311. Disposition of unappointed property under released or unexercised nongeneral power

  72-7-311. Disposition of unappointed property under released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:   (1) the gift-in-default clause controls the disposition of the unappointed property; or   (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:   (a) passes to the permissible appointees if:   (i) the permissible appointees are defined and limited; and   (ii) the terms of the instrument creating the power do not manifest a contrary intent; or   (b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.   History: En. Sec. 21, Ch. 293, L. 2015.
MT Code § 72-7-312 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-312. Disposition of unappointed property if partial appointment to taker in default

  72-7-312. Disposition of unappointed property if partial appointment to taker in default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.   History: En. Sec. 22, Ch. 293, L. 2015.
MT Code § 72-7-313 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-313. Appointment to taker in default

  72-7-313. Appointment to taker in default. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the default clause.   History: En. Sec. 23, Ch. 293, L. 2015.
MT Code § 72-7-314 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 3. Exercise of Power of Appointment|72-7-314. Powerholder's authority to revoke or amend exercise

  72-7-314. Powerholder's authority to revoke or amend exercise. A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:   (1) the powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or   (2) the terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.   History: En. Sec. 24, Ch. 293, L. 2015.
MT Code § 72-7-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-401. Disclaimer

  72-7-401. Disclaimer. As provided by 72-2-825 and 72-2-826:   (1) a powerholder may disclaim all or part of a power of appointment; and   (2) a permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.   History: En. Sec. 25, Ch. 293, L. 2015; amd. Sec. 101, Ch. 313, L. 2019.
MT Code § 72-7-402 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-402. Authority to release

  72-7-402. Authority to release. A powerholder may release a power of appointment in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.   History: En. Sec. 26, Ch. 293, L. 2015.
MT Code § 72-7-403 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-403. Method of release

  72-7-403. Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part:   (1) by substantial compliance with a method provided in the terms of the instrument creating the power; or   (2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a writing manifesting the powerholder's intent by clear and convincing evidence.   History: En. Sec. 27, Ch. 293, L. 2015.
MT Code § 72-7-404 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-404. Revocation or amendment of release

  72-7-404. Revocation or amendment of release. A powerholder may revoke or amend a release of a power of appointment only to the extent that:   (1) the instrument of release is revocable by the powerholder; or   (2) the powerholder reserves a power of revocation or amendment in the instrument of release.   History: En. Sec. 28, Ch. 293, L. 2015.
MT Code § 72-7-405 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-405. Power to contract -- presently exercisable power of appointment

  72-7-405. Power to contract -- presently exercisable power of appointment. A powerholder of a presently exercisable power of appointment may contract:   (1) not to exercise the power; or   (2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.   History: En. Sec. 29, Ch. 293, L. 2015.
MT Code § 72-7-406 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-406. Power to contract -- power of appointment not presently exercisable

  72-7-406. Power to contract -- power of appointment not presently exercisable. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:   (1) is also the donor of the power; and   (2) has reserved the power in a revocable trust.   History: En. Sec. 30, Ch. 293, L. 2015.
MT Code § 72-7-407 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint|72-7-407. Remedy for breach of contract to appoint or not to appoint

  72-7-407. Remedy for breach of contract to appoint or not to appoint. The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.   History: En. Sec. 31, Ch. 293, L. 2015.