1. MCA Contents
  2. TITLE 72
  3. CHAPTER 7
  4. Part 2
  5. 72-7-204 Exception to presumption of unlimited authority

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT

Part 2. Creation, Revocation, and Amendment of Power of Appointment

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.