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 611 – Direction to pay taxes in will.
75-2-611. Direction to pay taxes in will. A general direction in a will to pay all taxes imposed as a result of a testator’s death or similar language shall not be construed to include taxes imposed on a “generation skipping transfer” under Section 2601 of the Internal Revenue Code of 1986 (or any successor or […]
Section 701 – Scope.
75-2-701. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to […]
Section 702 – Requirement of survival by 120 hours — Under probate code or governing instrument — Co-owners — Exceptions — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient.
75-2-702. Requirement of survival by 120 hours — Under probate code or governing instrument — Co-owners — Exceptions — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient. (1) Except as provided in Subsection (4), an individual who is not established by clear and convincing evidence to have survived an […]
Section 703 – Choice of law as to meaning and effect of governing instrument.
75-2-703. Choice of law as to meaning and effect of governing instrument. The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, […]
Section 705 – Class gifts construed to accord with intestate succession.
75-2-705. Class gifts construed to accord with intestate succession. (1) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood […]
Section 706 – Definitions — Life insurance — Retirement plan — Account with POD designation — Transfer-on-death registration — Deceased beneficiary — Substitute gift — Protection of payors and bona fide purchasers — Personal liability of recipient.
75-2-706. Definitions — Life insurance — Retirement plan — Account with POD designation — Transfer-on-death registration — Deceased beneficiary — Substitute gift — Protection of payors and bona fide purchasers — Personal liability of recipient. (1) As used in this section: (a) “Alternative beneficiary designation” means a beneficiary designation that is expressly created by the […]