72-7-306. Appointment to deceased appointee or permissible appointee's descendant. (1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.
(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
History: En. Sec. 16, 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