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2021 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.
Universal Citation: UT Code § 75-2-705 (2021)
75-2-705. Class gifts construed to accord with intestate succession.
Enacted by Chapter 39, 1998 General Session
- (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
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