Intent to exercise -- determining intent from residuary clause

1. Law
2. Montana Code Annotated
3. Estates, Trusts, and Fiduciary Relationships
4. Uniform Powers of Appointment Act
5. Exercise of Power of Appointment
6. Intent to exercise -- determining intent from residuary clause

72-7-302. Intent to exercise -- determining intent from residuary clause. (1) In this section:

(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b) "Will" includes a codicil and a testamentary instrument that revises another will.

(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.

History: En. Sec. 12, Ch. 293, L. 2015.

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