reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › Section 509 - Revival of revoked will.

75-2-509.
Revival of revoked will.
(1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › Section 510 - Incorporation by reference.

75-2-510.
Incorporation by reference.
A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › Section 511 - Testamentary additions to trusts.

75-2-511.
Testamentary additions to trusts.
(1) A will may validly devise property to the trustee of a trust established or to be established:
(a) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or
(b) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(2) Unless the testator's will provides otherwise, property devised to a trust described in Subsection (1) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › Section 512 - Events of independent significance.

75-2-512.
Events of independent significance.
A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › 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 this section as evidence of the intended disposition, the writing shall be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › 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 a contract and extrinsic evidence proving the terms of the contract; or
(c) a writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 5 - Wills › 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 604 - Failure of testamentary provision.

75-2-604.
Failure of testamentary provision.
(1) Except as provided in Section 75-2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(2) Except as provided in Section 75-2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 605 - Increase in securities -- Accessions.

75-2-605.
Increase in securities -- Accessions.
(1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(a) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;
(b) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or
(c) securities of the same organization acquired as a result of a plan of reinvestment.
(2) Distributions in cash before death with respect to a described security are not part of the devise.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 606 - Nonademption of specific devises -- Unpaid proceeds of sale, condemnation, or insurance -- Sale by conservatory or agent.

75-2-606.
Nonademption of specific devises -- Unpaid proceeds of sale, condemnation, or insurance -- Sale by conservatory or agent.
(1) A specific devisee has a right to the specifically devised property in the testator's estate at death and:
(a) any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;
(b) any amount of a condemnation award for the taking of the property unpaid at death;
(c) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;
(d) property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(e) real or tangible personal property owned by the testator at death which the testator acquired as a replacement for specifically devised real or tangible personal property; and
(f) unless the facts and circumstances indicate that ademption of the devise was intended by the testator or ademption of the devise is consistent with the testator's manifested plan of distribution, the value of the specifically devised property to the extent the specifically devised property is not in the testator's estate at death and its value or its replacement is not covered by Subsections (1)(a) through (e).
(2) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
(3) The right of a specific devisee under Subsection (2) is reduced by any right the devisee has under Subsection (1).
(4) For the purposes of the references in Subsection (2) to a conservator, Subsection (2) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.
(5) For the purposes of the references in Subsection (2) to an agent acting within the authority of a durable power of attorney for an incapacitated principal:
(a) "incapacitated principal" means a principal who is an incapacitated person;
(b) no adjudication of incapacity before death is necessary; and
(c) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 607 - Nonexoneration.

75-2-607.
Nonexoneration.
A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › 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 devise or that its value is to be deducted from the value of the devise; or
(c) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(2) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 75-2-603 and 75-2-604, unless the testator's contemporaneous writing provides otherwise.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 610 - Marital deduction formulas -- Wills.

75-2-610.
Marital deduction formulas -- Wills.
For estates of decedents dying after December 31, 1981, where a decedent's will executed before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed as referring to the unlimited marital deduction allowable by federal law as amended by Section 403(a) of the Economic Recovery Tax Act of 1981.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 6 - Rules of Construction for Wills › Section 611 - Direction to pay taxes in will.

75-2-611.
Direction to pay taxes in will.
A general direction in a will to pay all taxes imposed as a result of a testator's death or similar language shall not be construed to include taxes imposed on a "generation skipping transfer" under Section 2601 of the Internal Revenue Code of 1986 (or any successor or amended section of similar content) unless the testator shall express an intention that these taxes be paid out of his estate by reference to the generation skipping tax or otherwise.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 701 - Scope.

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 a specific type or types of provision or governing instrument.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 703 - Choice of law as to meaning and effect of governing instrument.

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, Elective Share of Surviving Spouse, the provisions relating to exempt property and allowances described in Part 4, Exempt Property and Allowances, or any other public policy of this state otherwise applicable to the disposition.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 705 - Class gifts construed to accord with intestate succession.

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 from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships.
(2) In addition to the requirements of Subsection (1), in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse, or surviving spouse.
(3) In addition to the requirements of Subsection (1), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › 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 class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 709 - Definitions -- Representation -- Per capita at each generation -- Per stirpes.

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 an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
(c) "Surviving ancestor," "surviving child," or "surviving descendant" means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is considered to have predeceased the distribution date under Section 75-2-702.
(2) If an applicable statute or a governing instrument calls for property to be distributed or taken "per capita at each generation," the property is divided into as many equal shares as there are:
(a) surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants; and
(b) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.
(3) If a governing instrument calls for property to be distributed or taken "per stirpes," "by representation," or "by right of representation," the property is divided into as many equal shares as there are:
(a) surviving children of the designated ancestor; and
(b) deceased children who left surviving descendants. Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
(4) If a governing instrument calls for property to be distributed or taken "per capita," "share and share alike," or "to the survivor of them," the property is divided into as many equal shares as there are living persons named on the distribution date.
(5) For the purposes of Subsections (2) and (3), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.
Amended by Chapter 350, 2011 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 710 - Worthier-title doctrine abolished.

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 reversionary interest in the transferor.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 7 - Rules of Construction for Governing Instruments › Section 711 - Interests in "heirs" and like.

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 such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 8 - General Provisions › Section 802 - Effect of divorce, annulment, and decree of separation.

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 that does not terminate the status of husband and wife is not a divorce for purposes of this section.
(2) For purposes of Part 1, Intestate Succession, Part 2, Elective Share of Surviving Spouse, Part 3, Spouse and Children Unprovided for in Wills, and Part 4, Exempt Property and Allowances, and Section 75-3-203, a surviving spouse does not include:
(a) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife;
(b) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or
(c) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 8 - General Provisions › Section 805 - Reformation to correct mistakes.

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, whether in expression or inducement.
Enacted by Chapter 93, 2010 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 8 - General Provisions › Section 806 - Modification to achieve transferor's tax objectives.

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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 9 - Custody and Deposit of Wills › Section 902 - Duty of custodian of will -- Liability.

Effective 5/9/2017
75-2-902.
Duty of custodian of will -- Liability.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fails to deliver a will is liable to a person aggrieved for damages that may be sustained by the failure. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 12 - Statutory Rule Against Perpetuities › Section 1201 - Statutory Rule Against Perpetuities.

75-2-1201.
Statutory Rule Against Perpetuities.
This part is known as the "Statutory Rule Against Perpetuities."
Amended by Chapter 301, 2003 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 12 - Statutory Rule Against Perpetuities › Section 1202 - Uniformity of application and construction.

75-2-1202.
Uniformity of application and construction.
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.
Enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 12 - Statutory Rule Against Perpetuities › Section 1203 - Validity of nonvested property interest -- Validity of general power of appointment subject to a condition precedent -- Validity of nongeneral or testamentary power of appointment -- Effect of certain "later-of" type language.

75-2-1203.
Validity of nonvested property interest -- Validity of general power of appointment subject to a condition precedent -- Validity of nongeneral or testamentary power of appointment -- Effect of certain "later-of" type language.
(1) A nonvested property interest is invalid unless within 1,000 years after the interest's creation the interest vests or terminates.
(2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless within 1,000 years after the general power of appointment's creation the power of appointment is irrevocably exercised or terminates.
(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless within 1,000 years after its creation the power of appointment is irrevocably exercised or terminates.
(4) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 1,000 years after if, in measuring a period from the creation of a trust or other property arrangement, the language:
(a) seeks to disallow the vesting or termination of any interest or trust beyond;
(b) seeks to postpone the vesting or termination of any interest or trust until; or
(c) seeks to operate in effect in any similar fashion upon, the later of:
(i) the expiration of a period of time not exceeding 1,000 years; or
(ii) the expiration of a period of time that exceeds or might exceed 1,000 years.
(5) If a nongeneral power of appointment is exercised to create a new presently exercisable general power of appointment, all property interests subject to that new presently exercisable general power of appointment are invalid unless, within 1,000 years after the creation of the new presently exercisable general power of appointment, the property interests that are subject to the new presently exercisable general power of appointment vest or terminate.
(6) If a nongeneral power of appointment is exercised to create a new or successive nongeneral power of appointment or a new or successive testamentary general power of appointment, all property interests subject to the exercise of that new or successive nongeneral or testamentary general power of appointment are invalid unless, within 1,000 years from the time of creation of the original instrument or conveyance creating the original nongeneral power of appointment that is exercised to create a new or successive nongeneral or testamentary general power of appointment, the property interests that are subject to the new or successive nongeneral or testamentary general power of appointment vest or terminate.
Amended by Chapter 364, 2013 General Session
2023 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.

Effective 5/3/2023
75-2-1204.
When nonvested property interest or power of appointment created.
(1) Except as otherwise provided in this section or 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.
(4) A person who exercises an initial power of appointment may provide in the exercise of that power of appointment:
(a) for a nonvested property interest that is considered:
(i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and
(ii) not created at the time of the creation of the initial power of appointment that is exercised; and
(b) for a further power of appointment created by the exercise of the initial power of appointment that is considered:
(i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and
(ii) not created at the time of the creation of the initial power of appointment that is exercised.
Amended by Chapter 421, 2023 General Session
2023 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
2023 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
2023 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
2023 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 2
Amended by Chapter 3, 2003 Special Session 2
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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