reglab/housing_qa huggingface dataset:
UT Code § 75-10-203 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 2 - Creation, Revocation, and Amendment of Power of Appointment|Section 203 - Presumption of unlimited authority.

 Effective 5/9/2017  75-10-203. Presumption of unlimited authority.  Subject to Section 75-10-205, 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 Section 75-10-204, general.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 2 - Creation, Revocation, and Amendment of Power of Appointment|Section 204 - Exception to presumption of unlimited authority.

 Effective 5/9/2017  75-10-204. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-205 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 2 - Creation, Revocation, and Amendment of Power of Appointment|Section 205 - Rules of classification.

 Effective 5/9/2017  75-10-205. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-206 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 2 - Creation, Revocation, and Amendment of Power of Appointment|Section 206 - Donor's power to revoke or amend.

 Effective 5/9/2017  75-10-206. Donor's power to revoke or amend.  A donor may revoke or amend a power of appointment unless or to the extent the instrument creating the power is made irrevocable by the donor or the exercise of a presently exercisable power has been irrevocably made or effected. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-301 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 301 - Requisites for exercise of power of appointment.

 Effective 5/9/2017  75-10-301. Requisites for exercise of power of appointment.  A power of appointment is exercised only:  (1) if the instrument exercising the power is valid under applicable law;     (2) if the terms of the instrument exercising the power:   (a) manifest the powerholder's intent to exercise the power; and     (b) satisfy the requirements of exercise, if any, imposed by the donor; and       (3) to the extent the appointment is a permissible exercise of the power.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-302 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 302 - Intent to exercise -- Determining intent from residuary clause.

 Effective 5/9/2017  75-10-302. Intent to exercise -- Determining intent from residuary clause.    (1) As used 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.      Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-303 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 303 - Intent to exercise -- After-acquired power.

 Effective 5/9/2017  75-10-303. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-304 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 304 - Compliance with donor-imposed formal requirements.

 Effective 5/9/2017  75-10-304. Compliance with donor-imposed formal requirements.    (1) A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized. If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.     (2) Unless required by the instrument creating the power, the probate of a properly executed will is not required for the exercise of a power to be valid and complete.     Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-305 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 305 - Permissible appointment.

 Effective 5/14/2019  75-10-305. 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 one or more of the permissible appointees of the original nongeneral power; or     (d) create a nongeneral power in a permissible appointee to appoint one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.      Amended by Chapter 153, 2019 General Session
UT Code § 75-10-306 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 306 - Appointment to deceased appointee or permissible appointee's descendant.

 Effective 5/9/2017  75-10-306. Appointment to deceased appointee or permissible appointee's descendant.    (1) Subject to Sections 75-2-603 and 75-2-604, 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-307 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 307 - Impermissible appointment.

 Effective 5/9/2017  75-10-307. Impermissible appointment.    (1) Except as otherwise provided in Section 75-10-306, 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-308 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 308 - Elective allocation doctrine.

 Effective 5/9/2017  75-10-308. Elective 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 shall be allocated in the permissible manner that best carries out the powerholder's intent. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-309 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 309 - Capture doctrine -- Disposition of ineffectively appointed property under general power.

 Effective 5/9/2017  75-10-309. 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 is living; or     (ii) if the powerholder is an impermissible appointee or is 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.      Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-310 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 310 - Disposition of unappointed property under released or unexercised general power.

 Effective 5/9/2017  75-10-310. 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 is living; or     (ii) if the powerholder is an impermissible appointee or is 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.      Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-311 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 311 - Disposition of unappointed property under released or unexercised nongeneral power.

 Effective 5/9/2017  75-10-311. 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.      Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-312 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 312 - Disposition of unappointed property if partial appointment to taker in default.

 Effective 5/9/2017  75-10-312. 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. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-313 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 313 - Appointment to taker in default.

 Effective 5/9/2017  75-10-313. 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 considered not to have been exercised and the appointee takes under the clause. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-314 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 3 - Exercise of Power of Appointment|Section 314 - Powerholder's authority to revoke or amend exercise.

 Effective 5/9/2017  75-10-314. Powerholder's authority to revoke or amend exercise.  Unless the terms of the instrument creating the power of appointment or the instrument exercising the power of appointment provide that the exercise is irrevocable or unamendable, a powerholder may revoke or amend an exercise of a power of appointment made by an instrument effective during the life of the powerholder where the exercise is to become effective at some future time or contingency and where that future time and contingency has not yet occurred, as long as the revocation or amendment is done with the same formality as the original exercise of the power of appointment.  Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-401 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 401 - Disclaimer.

 Effective 5/9/2017  75-10-401. Disclaimer.  As provided by Section 75-2-801:  (1) A powerholder may disclaim all or part of a power of appointment.     (2) A permissible appointee, an appointee, or a taker in default of appointment may disclaim all or part of an interest in appointive property.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-402 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 402 - Authority to release.

 Effective 5/9/2017  75-10-402. 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. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-403 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 403 - Method of release.

 Effective 5/9/2017  75-10-403. 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 record manifesting the powerholder's intent by clear and convincing evidence.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-404 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 404 - Revocation or amendment of release.

 Effective 5/9/2017  75-10-404. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 405 - Power to contract -- Presently exercisable power of appointment.

 Effective 5/9/2017  75-10-405. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-406 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 406 - Power to contract -- Power of appointment not presently exercisable.

 Effective 5/9/2017  75-10-406. 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.    Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-407 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint|Section 407 - Remedy for breach of contract to appoint or not to appoint.

 Effective 5/9/2017  75-10-407. 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. Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-501 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 5 - Rights of Powerholder's Creditors in Appointive Property|Section 501 - Creditor claim -- General power created by powerholder.

 Effective 5/9/2017  75-10-501. Creditor claim -- General power created by powerholder.    (1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.     (2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in Title 25, Chapter 6, Uniform Voidable Transactions Act.     (3) Subject to Subsection (2), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.     (4) Subject to Subsections (2) and (3), and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:   (a) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and     (b) the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.      Enacted by Chapter 125, 2017 General Session
UT Code § 75-10-502 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 10 - Uniform Powers of Appointment Act|Part 5 - Rights of Powerholder's Creditors in Appointive Property|Section 502 - Creditor claim -- Power not created by powerholder.

 Effective 5/9/2017  75-10-502. Creditor claim -- Power not created by powerholder.    (1) The property subject to a general or a nongeneral power of appointment not created by the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim of a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power and the powerholder's creditors may not acquire the power, any rights thereto, or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.     (2) As set forth in Section 75-10-103, the law of the donor's domicile at the time of creation shall govern claims of creditors and other parties claiming an interest in property or rights subject to a power of appointment.     Enacted by Chapter 125, 2017 General Session