Section 306 – Appointment to deceased appointee or permissible appointee’s descendant.

• (1) Subject to Sections 75-2-603 and 75-2-604, 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.

Enacted by Chapter 125, 2017 General Session