Section 1402 – Definitions.
Effective 8/31/2020 75-2-1402. Definitions. As used in this part: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Electronic presence” means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in […]
Section 1403 – Law applicable to electronic will — Principles of equity.
Effective 8/31/2020 75-2-1403. Law applicable to electronic will — Principles of equity. (1) An electronic will is a will for all purposes of the law of this state. (2) The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part. Enacted by Chapter […]
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 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
Section 1202 – Uniformity of application and construction.
75-2-1202. Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it. Enacted by Chapter 39, 1998 General Session
Section 1203 – Validity of nonvested property interest — Validity of general power of appointment subject to a condition precedent — Validity of nongeneral or testamentary power of appointment — Effect of certain “later-of” type language.
75-2-1203. Validity of nonvested property interest — Validity of general power of appointment subject to a condition precedent — Validity of nongeneral or testamentary power of appointment — Effect of certain “later-of” type language. (1) A nonvested property interest is invalid unless within 1,000 years after the interest’s creation the interest vests or terminates. (2) […]
Section 1204 – When nonvested property interest or power of appointment created.
75-2-1204. When nonvested property interest or power of appointment created. (1) Except as provided in Subsections (2) and (3) and in Section 75-2-1207, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (2) For purposes of this part, if there is a […]
Section 1205 – Reformation.
75-2-1205. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 1,000 years allowed by Section 75-2-1203 if: (1) a nonvested property interest or a power of appointment becomes invalid under Section 75-2-1203; (2) […]
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) […]