Utah Code 75-1-102. Purposes — Rule of construction
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(1) This code shall be liberally construed and applied to promote its underlying purposes and policies.
Terms Used In Utah Code 75-1-102
- Decedent: A deceased person.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Successors: means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title. See Utah Code 75-1-201 v2
(2) The underlying purposes and policies of this code are:(2)(a) To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;(2)(b) To discover and make effective the intent of a decedent in distribution of his property;(2)(c) To promote a speedy and efficient system for administering the estate of the decedent and making distribution to his successors;(2)(d) To facilitate use and enforcement of certain trusts; and(2)(e) To make uniform the law among the various jurisdictions.