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 […]
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 […]
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 […]
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 […]
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, […]
75-2-806. Modification to achieve transferor’s tax objectives. To achieve the transferor’s tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor’s probable intention. The court may provide that the modification has retroactive effect. Enacted by Chapter 93, 2010 General Session
Effective 5/4/2022 75-2-807. Effect of disqualifying felony offense on intestate succession, wills, trusts, joint assets, life insurance, beneficiary designations — Forfeiture — Revocation. (1) As used in this section: (a) “Abuser” means a person who is convicted of committing a disqualifying felony offense against a vulnerable adult. (b) “Dependent adult” means the same as that […]
