Current through the 2024 Fourth Special Session
Section 75A-4-302 - 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.Renumbered from § 75-10-302 and amended by Chapter 364, 2024 General Session ,§ 104, eff. 9/1/2024.Added by Chapter 125, 2017 General Session ,§ 14, eff. 5/9/2017.