Section 309 - Capture doctrine -- Disposition of ineffectively appointed property under general power.

UT Code § 75-10-309 (2019) (N/A)

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(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.

(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

(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.

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Section 310 - Disposition of unappointed property under released or unexercised general power.