Intent to exercise -- Determining intent from residuary clause.
Utah Code § 75A-4-302
in effect75A-4-302. Intent to exercise -- Determining intent from residuary clause.
(1) As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(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.
Amended by Chapter 310, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75A/Chapter4/75A-4-S302.html?v=C75A-4-S302_2025050720250507Fetched: 10/26/2026