The Vermont Statutes Online

Title 14A : Trusts

Chapter 013 : Uniform Directed Trust Act.

• § 1305. Exclusions

  (a) As used in this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

  (b) This chapter does not apply to a:

  (1) power of appointment;

  (2) power to appoint or remove a trustee or trust director;

  (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

  (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

  (A) the beneficiary; or

  (B) another beneficiary represented by the beneficiary under chapter 3 of this title with respect to the exercise or nonexercise of the power; or

  (5) power over a trust if:

  (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

  (B) the power must be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.

  (c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction. (Added 2023, No. 104 (Adj. Sess.), § 1, eff. May 13, 2024.)