(1)  For estates of decedents dying after December 31, 1981, where a decedent‘s trust executed before September 13, 1981, contains a formula expressly providing that the decedent’s spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed as referring to the unlimited marital deduction allowable by federal law as amended by Section 403(a) of the Economic Recovery Tax Act of 1981.

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Terms Used In Utah Code 75-7-817

  • Decedent: A deceased person.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(2)  The intention of a trustor as expressed in the trust shall control the legal effect of any dispositions made by it for purposes of construing Subsection (1), and the rule of construction of Subsection (1) shall apply unless a contrary intention is indicated by the trust.

Enacted by Chapter 89, 2004 General Session

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