72-2-701. Renumbered 72-2-122
72-2-701. Renumbered 72-2-122. Code Commissioner, 1993.
72-2-702. Renumbered 72-2-221
72-2-702. Renumbered 72-2-221. Code Commissioner, 1993.
72-2-703. Renumbered 72-2-223
72-2-703. Renumbered 72-2-223. Code Commissioner, 1993.
72-2-704. Renumbered 72-2-226
72-2-704. Renumbered 72-2-226. Code Commissioner, 1993.
72-2-705. Renumbered 72-2-222
72-2-705. Renumbered 72-2-222. Code Commissioner, 1993.
72-2-706. Renumbered 72-2-227
72-2-706. Renumbered 72-2-227. Code Commissioner, 1993.
72-2-707. Renumbered 72-2-225
72-2-707. Renumbered 72-2-225. Code Commissioner, 1993.
72-2-708. through 72-2-710 reserved
72-2-708 through 72-2-710 reserved.
72-2-711. Scope
72-2-711. 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 a […]
72-2-712. Requirement of survival by 120 hours
72-2-712. Requirement of survival by 120 hours. (1) For the purposes of chapters 1 through 5, except as provided in subsection (4), an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is deemed to have predeceased the event. (2) Except as […]
72-2-713. Choice of law as to meaning and effect of governing instrument
72-2-713. 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 by the transferor in the governing instrument unless the application of that law is contrary to the provisions relating to the elective share described in […]
72-2-714. Repealed
72-2-714. Repealed. Sec. 40, Ch. 293, L. 2015. History: En. Sec. 63, Ch. 494, L. 1993.
72-2-715. Class gifts construed to accord with intestate succession
72-2-715. 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 from […]
72-2-716. Life insurance — retirement plan — account with POD designation — transfer-on-death registration — deceased beneficiary
72-2-716. Life insurance — retirement plan — account with POD designation — transfer-on-death registration — deceased beneficiary. (1) As used in this section, the following definitions apply: (a) ”Alternative beneficiary designation” means a beneficiary designation that is expressly created by the governing instrument and that under the terms of the governing instrument may take effect instead of […]
72-2-717. Survivorship with respect to future interests under terms of trust — substitute takers
72-2-717. Survivorship with respect to future interests under terms of trust — substitute takers. (1) As used in this section, the following definitions apply: (a) ”Alternative future interest” means an expressly created future interest that may take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival […]
72-2-718. Class gifts to “descendants”, “issue”, or “heirs of the body” — form of distribution if none specified
72-2-718. 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 class […]
72-2-719. Representation — per capita at each generation — per stirpes
72-2-719. Representation — per capita at each generation — per stirpes. (1) As used in this section, the following definitions apply: (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 72-2-712. (b) ”Distribution date”, with respect to an interest, […]
72-2-720. Worthier title doctrine abolished
72-2-720. 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 […]
72-2-721. Interests in “heirs” and like
72-2-721. 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 […]