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Effective 5/9/2017
75-10-403. Method of release.
A powerholder of a releasable power of appointment may release the power in whole or in part:

  • (1) by substantial compliance with a method provided in the terms of the instrument creating the power; or
  • (2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder’s intent by clear and convincing evidence.

Enacted by Chapter 125, 2017 General Session