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 […]
Section 707 – Definitions — Survivorship with respect to future interests under terms of trust — Substitute takers.
75-2-707. Definitions — Survivorship with respect to future interests under terms of trust — Substitute takers. (1) As used in this section: (a) “Alternative future interest” means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival […]
Section 708 – Class gifts to “descendants,” “issue,” or “heirs of the body” — Form of distribution if none specified.
75-2-708. Class gifts to “descendants,” “issue,” or “heirs of the body” — Form of distribution if none specified. If a class gift in favor of “descendants,” “issue,” or “heirs of the body” does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the […]
Section 609 – Ademption by satisfaction.
75-2-609. Ademption by satisfaction. (1) Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if: (a) the will provides for deduction of the gift; (b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the […]
Section 513 – Separate writing identifying devise of certain types of tangible personal property.
75-2-513. Separate writing identifying devise of certain types of tangible personal property. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under […]
Section 514 – Contracts concerning succession.
75-2-514. Contracts concerning succession. (1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1998, may be established only by: (a) provisions of a will stating material provisions of the contract; (b) an express reference in a will to […]
Section 515 – Penalty clause for contest.
75-2-515. Penalty clause for contest. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. Enacted by Chapter 39, 1998 General Session
Section 601 – Scope.
75-2-601. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 602 – Will construed to pass all property and after-acquired property.
75-2-602. Will construed to pass all property and after-acquired property. A will is construed to pass all property the testator owns at death and all property acquired by the estate after the testator’s death. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 603 – Definitions — Antilapse — Deceased devisee — Class gifts — Substitute gifts.
75-2-603. Definitions — Antilapse — Deceased devisee — Class gifts — Substitute gifts. (1) As used in this section: (a) “Alternative devise” means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of one or more events, including […]