75A-4-306. Appointment to deceased appointee or permissible appointee's descendant.
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Effective 9/1/2024
75A-4-306. 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.
Renumbered and Amended by Chapter 364 , 2024 General Session