Disclaimer or Release - Contract to Appoint or Not to Appoint

Utah Code tit. 75A, ch. 75A-4, pt. 75A-4-P4

in effect

Utah Code § 75A-4-401 Disclaimer.

75A-4-401. Disclaimer. As provided by Section 75-2-801: (1) A powerholder may disclaim all or part of a power of appointment. (2) A permissible appointee, an appointee, or a taker in default of appointment may disclaim all or part of an interest in appointive property. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-402 Authority to release.

75A-4-402. Authority to release. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-403 Method of release.

75A-4-403. Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part: (1) by substantial compliance with a method provided in the terms of the instrument creating the power; or (2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-404 Revocation or amendment of release.

75A-4-404. Revocation or amendment of release. A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) the instrument of release is revocable by the powerholder; or (2) the powerholder reserves a power of revocation or amendment in the instrument of release. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-405 Power to contract -- Presently exercisable power of appointment.

75A-4-405. Power to contract -- Presently exercisable power of appointment. A powerholder of a presently exercisable power of appointment may contract: (1) not to exercise the power; or (2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-406 Power to contract -- Power of appointment not presently exercisable.

75A-4-406. Power to contract -- Power of appointment not presently exercisable. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (1) is also the donor of the power; and (2) has reserved the power in a revocable trust. Renumbered and Amended by Chapter 364, 2024 General Session

Utah Code § 75A-4-407 Remedy for breach of contract to appoint or not to appoint.

75A-4-407. Remedy for breach of contract to appoint or not to appoint. The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract. Renumbered and Amended by Chapter 364, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75A/Chapter4/75A-4-P4.html?v=C75A-4-P4_2024090120240501Fetched: 10/26/2026