Montana § 72-7-309 - Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power
Full text of Montana Montana Code Annotated § 72-7-309 — Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power, with citation guidance and answers to common questions.
§ 72-7-309. Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power
Capture doctrine -- disposition of ineffectively appointed property under general power. To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property: (a) passes to: (i) the powerholder if the powerholder is a permissible appointee and living; or (ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; 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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-7-309
What does Montana Code Annotated § 72-7-309 cover?
Section 72-7-309 ("Capture Doctrine -- Disposition Of Ineffectively Appointed Property Under General Power") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-7-309?
A common citation format is "Montana Code Annotated § 72-7-309" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-7-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.