Utah Code 75-2-804. Definitions — Revocation of probate and nonprobate transfers by divorce — Effect of severance — Revival — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient — No revocation by oth…
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75-2-804. Definitions — Revocation of probate and nonprobate transfers by divorce — Effect of severance — Revival — Protection of payors, third parties, and bona fide purchasers — Personal liability of recipient — No revocation by other changes of circumstances.
(1) | As used in this section:
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(3) | A severance under Subsection (2)(b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property, which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership. |
(4) | Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. |
(5) | Provisions revoked solely by this section are revived by the divorced individual’s remarriage to the former spouse or by a nullification of the divorce or annulment. |
(6) | No change of circumstances other than as described in this section and in Sections 75-2-803 and 75-2-807 effects a revocation. |
(7) |
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(8) |
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Amended by Chapter 225, 2021 General Session