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) […]
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 802 – Effect of divorce, annulment, and decree of separation.
75-2-802. Effect of divorce, annulment, and decree of separation. (1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation […]
Section 803 – Definitions — Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations — Petition — Forfeiture — Revocation.
Effective 5/4/2022 75-2-803. Definitions — Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations — Petition — Forfeiture — Revocation. (1) As used in this section: (a) “Conviction” means the same as that term is defined in Section 77-38b-102. (b) “Decedent” means a deceased individual. (c) “Disposition or appointment […]
Section 804 – Definitions — Revocation of probate and nonprobate transfers by divorce — Effect of severance — Revival — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient — No revocation by other changes of circumstances.
Effective 5/5/2021 75-2-804. Definitions — Revocation of probate and nonprobate transfers by divorce — Effect of severance — Revival — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient — No revocation by other changes of circumstances. (1) As used in this section: (a) “Disposition or appointment of property” includes […]
Section 805 – Reformation to correct mistakes.
75-2-805. Reformation to correct mistakes. The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor’s intention if it is proved by clear and convincing evidence that the transferor’s intent and the terms of the governing instrument were affected by a mistake of fact or law, […]
Section 806 – Modification to achieve transferor’s tax objectives.
75-2-806. Modification to achieve transferor’s tax objectives. To achieve the transferor’s tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor’s probable intention. The court may provide that the modification has retroactive effect. Enacted by Chapter 93, 2010 General Session
Section 807 – Effect of disqualifying felony offense on intestate succession, wills, trusts, joint assets, life insurance, beneficiary designations — Forfeiture — Revocation.
Effective 5/4/2022 75-2-807. Effect of disqualifying felony offense on intestate succession, wills, trusts, joint assets, life insurance, beneficiary designations — Forfeiture — Revocation. (1) As used in this section: (a) “Abuser” means a person who is convicted of committing a disqualifying felony offense against a vulnerable adult. (b) “Dependent adult” means the same as that […]