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;

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Terms Used In Utah Code 75-2-1205

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(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