State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-02 > 75-2-80375-2-803. Definitions -- Effect of homicide on intestate succession, wills, trusts, jointassets, life insurance, and beneficiary designations -- Forfeiture -- Revocation.
(1) As used in this section:
(a) "Disposition or appointment of property" includes a transfer of an item of property orany other benefit to a beneficiary designated in a governing instrument.
(b) "Disqualifying homicide" means a homicide established by a preponderance of theevidence that meets the elements of any felony homicide offense in Title 76, Chapter 5, OffensesAgainst the Person, except automobile homicide, applying the same principles of culpability anddefenses as in Title 76, including but not limited to Chapter 2, Principles of CriminalResponsibility.
(c) "Governing instrument" means a governing instrument executed by the decedent.
(d) "Killer" means a person who commits a disqualifying homicide.
(e) "Revocable," with respect to a disposition, appointment, provision, or nomination,means one under which the decedent, at the time of or immediately before death, was aloneempowered, by law or under the governing instrument, to cancel the designation, in favor of thekiller, whether or not the decedent was then empowered to designate himself in place of his killerand whether or not the decedent then had capacity to exercise the power.
(2) An individual who commits a disqualifying homicide of the decedent forfeits allbenefits under this chapter with respect to the decedent's estate, including an intestate share, anelective share, an omitted spouse's or child's share, a homestead allowance, exempt property, anda family allowance. If the decedent died intestate, the decedent's intestate estate passes as if thekiller disclaimed his intestate share.
(3) The killing of the decedent by means of a disqualifying homicide:
(a) revokes any revocable:
(i) disposition or appointment of property made by the decedent to the killer in agoverning instrument;
(ii) provision in a governing instrument conferring a general or nongeneral power ofappointment on the killer; and
(iii) nomination of the killer in a governing instrument, nominating or appointing thekiller to serve in any fiduciary or representative capacity, including a personal representative,executor, trustee, or agent; and
(b) severs the interests of the decedent and killer in property held by them at the time ofthe killing as joint tenants with the right of survivorship, transforming the interests of thedecedent and killer into tenancies in common.
(4) A severance under Subsection (3)(b) does not affect any third-party interest inproperty acquired for value and in good faith reliance on an apparent title by survivorship in thekiller unless a writing declaring the severance has been noted, registered, filed, or recorded inrecords appropriate to the kind and location of the property which are relied upon, in the ordinarycourse of transactions involving such property, as evidence of ownership.
(5) Provisions of a governing instrument are given effect as if the killer disclaimed allprovisions revoked by this section or, in the case of a revoked nomination in a fiduciary orrepresentative capacity, as if the killer predeceased the decedent.
(6) A wrongful acquisition of property or interest by one who kills another undercircumstances not covered by this section shall be treated in accordance with the principle thatone who kills cannot profit from his wrong.
(7) The court, upon the petition of an interested person, shall determine whether, underthe preponderance of evidence standard, the individual has committed a disqualifying homicideof the decedent. If the court determines that, under that standard, the individual has committed adisqualifying homicide of the decedent, the determination conclusively establishes that individualas having committed a disqualifying homicide for purposes of this section, unless the court findsthat the act of disinheritance would create a manifest injustice. A judgment of criminalconviction for a disqualifying homicide of the decedent, after all direct appeals have beenexhausted, conclusively establishes that the convicted individual has committed the disqualifyinghomicide for purposes of this section.
(8) (a) A payor or other third party is not liable for having made a payment or transferredan item of property or any other benefit to a beneficiary designated in a governing instrumentaffected by a disqualifying homicide, or for having taken any other action in good faith relianceon the validity of the governing instrument, upon request and satisfactory proof of the decedent'sdeath, before the payor or other third party received written notice of a claimed forfeiture orrevocation under this section. A payor or other third party is liable for a payment made or otheraction taken after the payor or other third party received written notice of a claimed forfeiture orrevocation under this section.
(b) Written notice of a claimed forfeiture or revocation under Subsection (8)(a) shall bemailed to the payor's or other third party's main office or home by registered or certified mail,return receipt requested, or served upon the payor or other third party in the same manner as asummons in a civil action. Upon receipt of written notice of a claimed forfeiture or revocationunder this section, a payor or other third party may pay any amount owed or transfer or depositany item of property held by it to or with the court having jurisdiction of the probate proceedingsrelating to the decedent's estate, or if no proceedings have been commenced, to or with the courthaving jurisdiction of probate proceedings relating to the decedent's estates located in the countyof the decedent's residence. The court shall hold the funds or item of property and, upon itsdetermination under this section, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third partyfrom all claims for the value of amounts paid to or items of property transferred to or depositedwith the court.
(9) (a) A person who purchases property for value and without notice, or who receives apayment or other item of property in partial or full satisfaction of a legally enforceable obligation,is neither obligated under this section to return the payment, item of property, or benefit nor isliable under this section for the amount of the payment or the value of the item of property orbenefit. But a person who, not for value, receives a payment, item of property, or any otherbenefit to which the person is not entitled under this section is obligated to return the payment,item of property, or benefit, or is personally liable for the amount of the payment or the value ofthe item of property or benefit, to the person who is entitled to it under this section.
(b) If this section or any part of this section is preempted by federal law with respect to apayment, an item of property, or any other benefit covered by this section, a person who, not forvalue, receives the payment, item of property, or any other benefit to which the person is notentitled under this section is obligated to return the payment, item of property, or benefit, or ispersonally liable for the amount of the payment or the value of the item of property or benefit, tothe person who would have been entitled to it were this section or part of this section notpreempted.
Amended by Chapter 270, 2006 General Session
