Section 1404 – Choice of law regarding execution.
Effective 8/31/2020 75-2-1404. Choice of law regarding execution. A will executed electronically but not in compliance with Subsection 75-2-1405(1) is an electronic will under this part if executed in compliance with the law of the jurisdiction where the testator is: (1) physically located when the will is signed; or (2) domiciled or resides when the […]
Section 1405 – Execution of an electronic will.
Effective 8/31/2020 75-2-1405. Execution of an electronic will. (1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be: (a) a record that is readable as text at the time of signing under Subsection (1)(b); (b) signed: (i) by the testator; or (ii) in the testator’s name by some […]
Section 1406 – Harmless error.
Effective 8/31/2020 75-2-1406. Harmless error. Section 75-2-503 applies to a will executed electronically. Enacted by Chapter 1, 2020 Special Session 6
Section 1407 – Revocation.
Effective 8/31/2020 75-2-1407. Revocation. (1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) a physical act if it is established by […]
Section 1206 – Exclusions from statutory rule against perpetuities.
75-2-1206. Exclusions from statutory rule against perpetuities. Section 75-2-1203 does not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (a) a premarital or postmarital agreement; (b) a separation or divorce settlement; (c) […]
Section 1206.5 – Savings provision.
75-2-1206.5. Savings provision. A property interest that becomes invalid pursuant to Section 75-2-1203 upon the expiration of the 1,000-year period shall be distributed as follows: (1) If the property interest is payable to one person, it shall be distributed to that person. If the property interest is payable to more than one person, it shall […]
Section 1207 – Prospective application.
75-2-1207. Prospective application. (1) (a) Except as extended by Subsection (2), this section applies to a nonvested property interest or a power of appointment that is created on or after December 31, 2003. (b) For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power […]
Section 902 – Duty of custodian of will — Liability.
Effective 5/9/2017 75-2-902. Duty of custodian of will — Liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fails to deliver a […]
Section 1001 – Honorary trusts — Trusts for pets.
75-2-1001. Honorary trusts — Trusts for pets. (1) Subject to Subsection (3), if a trust is for a specific lawful noncharitable purpose or for a lawful noncharitable purpose to be selected by the trustee and there is no definite or definitely ascertainable beneficiary designated, the trust may be performed by the trustee for 21 years […]
Section 1201 – Statutory Rule Against Perpetuities.
75-2-1201. Statutory Rule Against Perpetuities. This part is known as the “Statutory Rule Against Perpetuities.” Amended by Chapter 301, 2003 General Session