72-7-308. Selective allocation doctrine. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
History: En. Sec. 18, 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