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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
