reglab/housing_qa huggingface dataset:
UT Code § 75-2-1204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1204 - When nonvested property interest or power of appointment created.

75-2-1204. When nonvested property interest or power of appointment created.    (1) Except as provided in Subsections (2) and (3) and in Section 75-2-1207, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.     (2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:   (a) a nonvested property interest; or     (b) a property interest subject to a power of appointment described in Section 75-2-1203, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.       (3) For purposes of this title, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.    Amended by Chapter 364, 2013 General Session
UT Code § 75-2-1205 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1205 - Reformation.

75-2-1205. Reformation.  Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 1,000 years allowed by Section 75-2-1203 if:  (1) a nonvested property interest or a power of appointment becomes invalid under Section 75-2-1203;     (2) a class gift is not but might become invalid under Section 75-2-1203 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or     (3) a nonvested property interest that is not validated by Section 75-2-1203 can vest but not within 1,000 years after its creation.    Amended by Chapter 301, 2003 General Session
UT Code § 75-2-1206 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1206 - Exclusions from statutory rule against perpetuities.

75-2-1206. Exclusions from statutory rule against perpetuities.  Section 75-2-1203 does not apply to:  (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:   (a) a premarital or postmarital agreement;     (b) a separation or divorce settlement;     (c) a spouse's election;     (d) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;     (e) a contract to make or not to revoke a will or trust;     (f) a contract to exercise or not to exercise a power of appointment;     (g) a transfer in satisfaction of a duty of support; or     (h) a reciprocal transfer;       (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;     (3) a power to appoint a fiduciary;     (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;     (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;     (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;     (7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or     (8) a property interest or arrangement subjected to a time limit under Section 75-2-1001.    Enacted by Chapter 39, 1998 General Session
UT Code § 75-2-1206.5 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1206.5 - Savings provision.

75-2-1206.5. Savings provision.  A property interest that becomes invalid pursuant to Section 75-2-1203 upon the expiration of the 1,000-year period shall be distributed as follows:   (1) If the property interest is payable to one person, it shall be distributed to that person. If the property interest is payable to more than one person, it shall be distributed to the persons to whom the property interest is then payable:   (a) in the shares to which the persons are entitled; or     (b) equally among all persons who are entitled to shares if not specified.       (2) If the property interest is payable in the discretion of a trustee and is payable to one person, it shall be distributed to that person. If the property interest is payable to more than one person, it shall be distributed to the persons eligible to receive it:   (a) in the shares to which the persons are entitled; or     (b) equally among all persons who are entitled to shares if not specified.       (3) When there is no person then living to whom a property interest may be distributed under Subsection (1) or (2), it shall be payable to one or more organizations described in 26 U.S.C. 2055(a) Internal Revenue Code, or successor provisions and in the shares or proportions that the trustee or trustees then acting may determine.    Enacted by Chapter 301, 2003 General Session
UT Code § 75-2-1207 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1207 - Prospective application.

75-2-1207. Prospective application.    (1)   (a) Except as extended by Subsection (2), this section applies to a nonvested property interest or a power of appointment that is created on or after December 31, 2003.     (b) For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when:   (i) the power is irrevocably exercised; or     (ii) a revocable exercise becomes irrevocable.         (2) If a nonvested property interest or a power of appointment was created before December 31, 2003, and is determined in a judicial proceeding, commenced on or after December 31, 2003, to violate Utah's rule against perpetuities as that rule existed before December 31, 2003, a court upon the petition of an interested person may reform the disposition:   (a) in the manner that most closely approximates the transferor's manifested plan of distribution; and     (b) that is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.       (3) Section 75-2-1203 applies to a trust instrument or conveyance executed on or after December 31, 2003, if the trust instrument or conveyance creates a contingent power of appointment or nonvested property interest subject to the exercise of a power of appointment that creates a new or successive power of appointment.    Amended by Chapter 3, 2003 Special Session 2Amended by Chapter 3, 2003 Special Session 2
UT Code § 75-2-1208 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1208 - Rule against perpetuities does not apply.

75-2-1208. Rule against perpetuities does not apply.  The common law rule against perpetuities does not apply in this state.  Amended by Chapter 301, 2003 General Session
UT Code § 75-2-1209 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 12 - Statutory Rule Against Perpetuities|Section 1209 - Real estate conveyed to a trust under the Statutory Rule Against Perpetuities.

75-2-1209. Real estate conveyed to a trust under the Statutory Rule Against Perpetuities.  On or after the effective date, when title to real property is granted to the trustee of a trust governed by Title 75, Chapter 2, Part 12, Statutory Rule Against Perpetuities, the terms of the trust, provisions regarding the appointment of successor trustees, and the names and addresses of successor trustees must be disclosed in accordance with Section 75-7-816.  Amended by Chapter 89, 2004 General Session
UT Code § 75-2-1301 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 13 - Transition Provisions|Section 1301 - Transitional provisions.

75-2-1301. Transitional provisions.    (1) On July 1, 1998:   (a) Any act done in any proceeding and any right accrued before July 1, 1998, is not impaired by the provisions of this title.     (b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1997, the provisions shall remain in force with respect to that right.       (2) Any rule of construction or presumption provided in these provisions applies to governing instruments executed before July 1, 1997, unless there is a finding of a contrary intent.    Enacted by Chapter 39, 1998 General Session
UT Code § 75-2-1401 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1401 - Title.

 Effective 8/31/2020  75-2-1401. Title.  This part is known as the "Uniform Electronic Wills Act." Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1402 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1402 - Definitions.

 Effective 8/31/2020  75-2-1402. Definitions.  As used in this part:  (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.     (2) "Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.     (3) "Electronic will" means a will executed electronically in compliance with Subsection 75-2-1405(1).     (4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.     (5) "Sign" means, with present intent to authenticate or adopt a record:   (a) to execute or adopt a tangible symbol; or     (b) to affix to or logically associate with the record an electronic symbol or process.       (6)   (a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.     (b) "State" includes a federally recognized Indian tribe.       (7) "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1403 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1403 - Law applicable to electronic will -- Principles of equity.

 Effective 8/31/2020  75-2-1403. Law applicable to electronic will -- Principles of equity.    (1) An electronic will is a will for all purposes of the law of this state.     (2) The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1404 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1404 - Choice of law regarding execution.

 Effective 8/31/2020  75-2-1404. Choice of law regarding execution.  A will executed electronically but not in compliance with Subsection 75-2-1405(1) is an electronic will under this part if executed in compliance with the law of the jurisdiction where the testator is:  (1) physically located when the will is signed; or     (2) domiciled or resides when the will is signed or when the testator dies.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1405 - Execution of an electronic will.

 Effective 8/31/2020  75-2-1405. Execution of an electronic will.    (1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be:   (a) a record that is readable as text at the time of signing under Subsection (1)(b);     (b) signed:   (i) by the testator; or     (ii) in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and       (c) signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing:   (i) the signing of the will under Subsection (1)(b); or     (ii) the testator's acknowledgment of the signing of the will under Subsection (1)(b) or the testator's acknowledgment of the will.         (2) Intent of a testator that the record under Subsection (1)(a) be the testator's electronic will may be established by extrinsic evidence.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1406 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1406 - Harmless error.

 Effective 8/31/2020  75-2-1406. Harmless error.  Section 75-2-503 applies to a will executed electronically. Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1407 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1407 - Revocation.

 Effective 8/31/2020  75-2-1407. Revocation.    (1) An electronic will may revoke all or part of a previous will.     (2) All or part of an electronic will is revoked by:   (a) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or     (b) a physical act if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence.      Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1408 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1408 - Electronic will attested and made self-proving at time of execution.

 Effective 8/31/2020  75-2-1408. Electronic will attested and made self-proving at time of execution.    (1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.     (2) The acknowledgment and affidavits under Subsection (1) shall be:   (a) made before an officer authorized to administer oaths under law of the state in which execution occurs, regardless of whether that officer is also a witness to the electronic will; and     (b) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.       (3) The acknowledgment and affidavits under Subsection (1) shall be in substantially the following form: I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence. ____________ Testator We, ____________ and ____________, the witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed this instrument or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years old or older, of sound mind, and under no constraint or undue influence. ___________ Witness ___________ WitnessCertificate of officer:State of ____________County of ___________Subscribed, sworn to, and acknowledged before me by ___________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _________ day of __________, ____. ____________ Signed ____________ Capacity of Officer      (4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this part is deemed a signature of the electronic will under Subsection 75-2-1405(1).     (5) To the extent that this section conflicts with Title 46, Chapter 1, Notaries Public Reform Act, this section supersedes Title 46, Chapter 1, Notaries Public Reform Act.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1409 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1409 - Certification of paper copy.

 Effective 8/31/2020  75-2-1409. Certification of paper copy.    (1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will.     (2) If the electronic will is made self-proving, the certified paper copy of the will shall include the self-proving affidavits.    Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1410 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1410 - Uniformity of application and construction.

 Effective 8/31/2020  75-2-1410. Uniformity of application and construction.  In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this uniform act among states that enact this uniform act. Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-2-1411 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 14 - Uniform Electronic Wills Act|Section 1411 - Transitional provision.

 Effective 8/31/2020  75-2-1411. Transitional provision.  This part applies to the will of a decedent who dies on or after the effective date of this part. Enacted by Chapter 1, 2020 Special Session 6
UT Code § 75-3-101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 101 - Devolution of estate at death -- Restrictions.

75-3-101. Devolution of estate at death -- Restrictions.  The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person his real and personal property devolves to persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-102 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 102 - Necessity of order of probate for will.

75-3-102. Necessity of order of probate for will.  Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:  (1) no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and     (2) either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.    Amended by Chapter 364, 2013 General Session
UT Code § 75-3-103 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 103 - Necessity of appointment for administration.

75-3-103. Necessity of appointment for administration.  Except as otherwise provided in Title 75, Chapter 4, Foreign Personal Representatives - Ancillary Administration, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.  Enacted by Chapter 150, 1975 General Session