Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 7. Uniform Powers of Appointment Act

Part 1. General Provisions

72-7-101. Short title - 72-7-101. Short title. This chapter may be cited as the...

72-7-102. Definitions - 72-7-102. Definitions. As used in this chapter, the following definitions...

72-7-103. Governing law - 72-7-103. Governing law. Unless the terms of the instrument creating...

72-7-104. Common law and principles of equity - 72-7-104. Common law and principles of equity. The common law...

Part 2. Creation, Revocation, and Amendment of Power of Appointment

72-7-201. Creation of power of appointment - 72-7-201. Creation of power of appointment. (1) A power of...

72-7-202. Nontransferability - 72-7-202. Nontransferability. A powerholder may not transfer a power of...

72-7-203. Presumption of unlimited authority - 72-7-203. Presumption of unlimited authority. Subject to 72-7-204 and unless...

72-7-204. Exception to presumption of unlimited authority - 72-7-204. Exception to presumption of unlimited authority. Unless the terms...

72-7-205. Rules of classification - 72-7-205. Rules of classification. (1) In this section, "adverse party"...

72-7-206. Power to revoke or amend - 72-7-206. Power to revoke or amend. A donor may revoke...

Part 3. Exercise of Power of Appointment

72-7-301. Requisites for exercise of power of appointment - 72-7-301. Requisites for exercise of power of appointment. (1) A...

72-7-302. Intent to exercise -- determining intent from residuary clause - 72-7-302. Intent to exercise -- determining intent from residuary clause....

72-7-303. Intent to exercise -- after-acquired power - 72-7-303. Intent to exercise -- after-acquired power. Unless the terms...

72-7-304. Substantial compliance with donor-imposed formal requirement - 72-7-304. Substantial compliance with donor-imposed formal requirement. A powerholder's substantial...

72-7-305. Permissible appointment - 72-7-305. Permissible appointment. (1) A powerholder of a general power...

72-7-306. Appointment to deceased appointee or permissible appointee's descendant - 72-7-306. Appointment to deceased appointee or permissible appointee's descendant. (1)...

72-7-307. Impermissible appointment - 72-7-307. Impermissible appointment. (1) Except as otherwise provided in 72-7-306,...

72-7-308. Selective allocation doctrine - 72-7-308. Selective allocation doctrine. If a powerholder exercises a power...

72-7-309. Capture doctrine -- disposition of ineffectively appointed property under general power - 72-7-309. Capture doctrine -- disposition of ineffectively appointed property under...

72-7-310. Disposition of unappointed property under released or unexercised general power - 72-7-310. Disposition of unappointed property under released or unexercised general...

72-7-311. Disposition of unappointed property under released or unexercised nongeneral power - 72-7-311. Disposition of unappointed property under released or unexercised nongeneral...

72-7-312. Disposition of unappointed property if partial appointment to taker in default - 72-7-312. Disposition of unappointed property if partial appointment to taker...

72-7-313. Appointment to taker in default - 72-7-313. Appointment to taker in default. If a powerholder makes...

72-7-314. Powerholder's authority to revoke or amend exercise - 72-7-314. Powerholder's authority to revoke or amend exercise. A powerholder...

Part 4. Disclaimer on Release -- Contract to Appoint or Not to Appoint

72-7-401. Disclaimer - 72-7-401. Disclaimer. As provided by 72-2-825 and 72-2-826: (1) a...

72-7-402. Authority to release - 72-7-402. Authority to release. A powerholder may release a power...

72-7-403. Method of release - 72-7-403. Method of release. A powerholder of a releasable power...

72-7-404. Revocation or amendment of release - 72-7-404. Revocation or amendment of release. A powerholder may revoke...

72-7-405. Power to contract -- presently exercisable power of appointment - 72-7-405. Power to contract -- presently exercisable power of appointment....

72-7-406. Power to contract -- power of appointment not presently exercisable - 72-7-406. Power to contract -- power of appointment not presently...

72-7-407. Remedy for breach of contract to appoint or not to appoint - 72-7-407. Remedy for breach of contract to appoint or not...

Part 5. Rights of Powerholder's Creditors in Appointive Property

72-7-501. Creditor claim -- general power created by powerholder - 72-7-501. Creditor claim -- general power created by powerholder. (1)...

72-7-502. Creditor claim -- general power not created by powerholder - 72-7-502. Creditor claim -- general power not created by powerholder....

72-7-503. Power to withdraw - 72-7-503. Power to withdraw. (1) For purposes of this section...

72-7-504. Creditor claim -- nongeneral power - 72-7-504. Creditor claim -- nongeneral power. (1) Except as otherwise...

Part 6. Miscellaneous Provisions

72-7-601. Uniformity of application and construction - 72-7-601. Uniformity of application and construction. In applying and construing...

72-7-602. Relation to Electronic Signatures in Global and National Commerce Act - 72-7-602. Relation to Electronic Signatures in Global and National Commerce...

72-7-603. Application to existing relationships - 72-7-603. Application to existing relationships. (1) Except as otherwise provided...