Mont. Code § 72-7-311

Current through the 2023 Regular Session
Section 72-7-311 - Disposition of unappointed property under released or unexercised nongeneral power

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

(1) the gift-in-default clause controls the disposition of the unappointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) passes to the permissible appointees if:
(i) the permissible appointees are defined and limited; and
(ii) the terms of the instrument creating the power do not manifest a contrary intent; or
(b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

§ 72-7-311, MCA

Added by Laws 2015, Ch. 293, Sec. 21, eff. 10/1/2015.