66-1-203 - Creation of nonvested property interest or power of appointment.
66-1-203. Creation of nonvested property interest or power of appointment.
(a) Except as provided in subsections (b) and (c) of this section and in § 66-1-206(a), the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law.
(b) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:
(1) A nonvested property interest; or
(2) A property interest subject to a power of appointment described in §§ 66-1-202(b) or (c);
the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
[Acts 1994, ch. 654, § 3.]