Capture doctrine -- Disposition of ineffectively appointed property under general power.
Utah Code § 75A-4-309
in effect75A-4-309. Capture doctrine -- Disposition of ineffectively appointed property under general power.
To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(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.
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-S309.html?v=C75A-4-S309_2024090120240501Fetched: 10/26/2026