72-7-303. Intent to exercise -- after-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:
(1) except as otherwise provided in subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and
(2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
History: En. Sec. 13, Ch. 293, L. 2015.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 7. Uniform Powers of Appointment Act
Part 3. Exercise of Power of Appointment
72-7-301. Requisites for exercise of power of appointment
72-7-302. Intent to exercise -- determining intent from residuary clause
72-7-303. Intent to exercise -- after-acquired power
72-7-304. Substantial compliance with donor-imposed formal requirement
72-7-305. Permissible appointment
72-7-306. Appointment to deceased appointee or permissible appointee's descendant
72-7-307. Impermissible appointment
72-7-308. Selective allocation doctrine
72-7-309. Capture doctrine -- disposition of ineffectively appointed property under general power
72-7-310. Disposition of unappointed property under released or unexercised general power
72-7-311. Disposition of unappointed property under released or unexercised nongeneral power
72-7-312. Disposition of unappointed property if partial appointment to taker in default
72-7-313. Appointment to taker in default
72-7-314. Powerholder's authority to revoke or amend exercise