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 709 – Definitions — Representation — Per capita at each generation — Per stirpes.
75-2-709. Definitions — Representation — Per capita at each generation — Per stirpes. (1) As used in this section: (a) “Deceased child” or “deceased descendant” means a child or a descendant who either predeceased the distribution date or is considered to have predeceased the distribution date under Section 75-2-702. (b) “Distribution date,” with respect to […]
Section 710 – Worthier-title doctrine abolished.
75-2-710. Worthier-title doctrine abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s “heirs,” “heirs-at-law,” “next-of-kin,” “distributees,” “relatives,” or “family,” or language of similar import, does not create or presumptively create a […]
Section 711 – Interests in “heirs” and like.
75-2-711. Interests in “heirs” and like. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual’s “heirs,” “heirs-at-law,” “next-of-kin,” “relatives,” or “family,” or language of similar import, the property passes to those persons, including the state, and in […]
Section 801 – Disclaimer of property interests — Time — Form — Effect — Waiver and bar — Remedy not exclusive — Application.
75-2-801. Disclaimer of property interests — Time — Form — Effect — Waiver and bar — Remedy not exclusive — Application. (1) A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in […]
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 […]