Code · Montana · Title 72 — Estates, Trusts, and Fiduciary Relationships · Chapter 7 · Part 3

72-7-303. Intent to exercise -- after-acquired power.

81 words·~1 min read·/mt/title-72/chapter-7/part-3/72-7-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.