1     
UNIFORM PREMARITAL AGREEMENT ACT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brett Garner

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Uniform Premarital Act in relation to criminal acts
10     between the parties.
11     Highlighted Provisions:
12          This bill:
13          ▸     permits a court to amend or revoke a premarital agreement if one of the parties to
14     the marriage is responsible for the death or incapacitation of the other; and
15          ▸     modifies provisions in Utah's "slayer statute," which governs homicide or a
16     criminal, incapacitating injury in relation to inheritance and beneficiary status.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          30-8-5, as enacted by Laws of Utah 1994, Chapter 105
24          75-2-803, as last amended by Laws of Utah 2022, Chapters 116, 157 and 430 and last
25     amended by Coordination Clause, Laws of Utah 2022, Chapter 157
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 30-8-5 is amended to read:
29          30-8-5. Effect of marriage -- Amendment -- Revocation.
30          (1) A premarital agreement becomes effective upon marriage.
31          (2) (a) After marriage, a premarital agreement may be amended or revoked only by:
32          (i) a written agreement signed by the parties[. The amended agreement or the
33     revocation]; or
34          (ii) upon the conviction of one party to the agreement for causing the homicide or total
35     incapacitation of the other party, by a court as provided under Section 75-2-803.
36          (b) An amendment or revocation made under Subsection (2)(a) is enforceable without
37     consideration.
38          Section 2. Section 75-2-803 is amended to read:
39          75-2-803. Definitions -- Effect of homicide or disqualifying crime on intestate
40     succession, wills, trusts, joint assets, life insurance, beneficiary designations, and
41     premarital agreements -- Petition -- Forfeiture -- Revocation.
42          (1) As used in this section:
43          (a) "Conviction" means the same as that term is defined in Section 77-38b-102.
44          (b) "Decedent" means:
45          (i) a deceased individual; or
46          (ii) as relates to a premarital agreement, an individual who is totally incapacitated as
47     described in Subsection (1)(d)(i)(B).
48          (c) "Disposition or appointment of property" includes a transfer of an item of property
49     or any other benefit to a beneficiary designated in a governing instrument.
50          (d) (i) [Except as provided in Subsection (1)(d)(ii), "disqualifying homicide"]
51     "Disqualifying crime" means:
52          (A) any felony homicide offense described in Title 76, Chapter 5, Offenses Against the
53     Individual, against the decedent for which the elements are established by a preponderance of
54     the evidence and by applying the same principles of culpability and defenses described in Title
55     76, Utah Criminal Code[.]; or
56          (B) for the purposes of a premarital agreement, conviction of a party to the premarital
57     agreement of a misdemeanor or felony that proximately causes the death or total incapacitation
58     of the other party to the premarital agreement.

59          (ii) "Disqualifying [homicide] crime" does not include an offense for:
60          (A) negligently operating a vehicle resulting in death, as described in Section 76-5-207;
61     and
62          (B) automobile homicide involving using a handheld wireless communication device
63     while driving, as described in Section 76-5-207.5.
64          (e) "Governing instrument" means a governing instrument executed by the decedent.
65          (f) "Killer" means an individual who commits a disqualifying [homicide] crime.
66          (g) "Revocable" means a disposition, appointment, provision, or nomination under
67     which the decedent, at the time of or immediately before death, was alone empowered, by law
68     or under the governing instrument, to cancel the designation in favor of the killer regardless of
69     whether at the time or immediately before death:
70          (i) the decedent was empowered to designate the decedent in place of the decedent's
71     killer; or
72          (ii) the decedent had the capacity to exercise the power.
73          (2) (a) An individual who commits a disqualifying [homicide of the decedent] crime
74     forfeits all benefits under this chapter with respect to the decedent's estate and benefits
75     associated with a premarital agreement, including an intestate share, an elective share, an
76     omitted spouse's or child's share, a homestead allowance, any exempt property, an inheritance,
77     a financial benefit, and a family allowance.
78          (b) If the decedent died intestate, the decedent's intestate estate passes as if the killer
79     disclaimed the killer's intestate share.
80          (3) The [killing of the decedent by means] commission of a disqualifying [homicide]
81     crime:
82          (a) revokes any revocable:
83          (i) disposition or appointment of property made by the decedent to the killer in a
84     governing instrument;
85          (ii) provision in a governing instrument conferring a general or nongeneral power of
86     appointment on the killer; and
87          (iii) nomination of the killer in a governing instrument, nominating or appointing the
88     killer to serve in any fiduciary or representative capacity, including a personal representative,
89     executor, trustee, or agent; [and]

90          (b) severs the interests of the decedent and killer in property held by them at the time of
91     the killing as joint tenants with the right of survivorship, transforming the interests of the
92     decedent and killer into tenancies in common[.]; and
93          (c) revokes any benefit available to the killer in relation to a premarital agreement
94     existing between the decedent and the killer.
95          (4) A severance under Subsection (3)(b) does not affect any third-party interest in
96     property acquired for value and in good faith reliance on an apparent title by survivorship in the
97     killer unless a writing declaring the severance has been noted, registered, filed, or recorded in
98     records appropriate to the kind and location of the property which are relied upon, in the
99     ordinary course of transactions involving such property, as evidence of ownership.
100          (5) Provisions of a governing instrument are given effect as if the killer disclaimed all
101     provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or
102     representative capacity, as if the killer predeceased the decedent.
103          (6) A wrongful acquisition of property or interest by one who kills another under
104     circumstances not covered by this section shall be treated in accordance with the principle that
105     a killer cannot profit from the killer's wrong.
106          (7) (a) An interested person may petition the court to determine whether an individual
107     has committed a disqualifying [homicide of the decedent] crime.
108          (b) An individual has committed a disqualifying [homicide of the decedent] crime for
109     purposes of this section if:
110          (i) unless the court finds that disinheritance would create a manifest injustice, the court
111     finds that, by a preponderance of the evidence, the individual has committed a disqualifying
112     [homicide of the decedent] crime; or
113          (ii) the court finds that a judgment of conviction has been entered against the
114     individual for a disqualifying [homicide of the decedent] crime and all direct appeals for the
115     judgment have been exhausted.
116          (8) (a) Before a court determines whether an individual committed a disqualifying
117     [homicide of the decedent] crime under Subsection (7), the decedent's estate may petition the
118     court to:
119          (i) enter a temporary restraining order, an injunction, or a temporary restraining order
120     and an injunction, to preserve the property or assets of the killer or the killer's estate;

121          (ii) require the execution of a trustee's bond under Section 75-7-702 for the killer's
122     estate;
123          (iii) establish a constructive trust on any property or assets of the killer or the killer's
124     estate that is effective from the time the killer's act caused the death of the decedent; or
125          (iv) take any other action necessary to preserve the property or assets of the killer or the
126     killer's estate:
127          (A) until a court makes a determination under Subsection (7); or
128          (B) for the payment of all damages and judgments for conduct resulting in the
129     disqualifying [homicide of the decedent] crime.
130          (b) Upon a petition for a temporary restraining order or an injunction under Subsection
131     (8)(a)(i), a court may enter a temporary restraining order against an owner's property in
132     accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or opportunity
133     of a hearing, if the court determines that:
134          (i) there is a substantial likelihood that the property is, or will be, necessary to satisfy a
135     judgment or damages owed by the killer for conduct resulting in the disqualifying [homicide of
136     the decedent] crime; and
137          (ii) notice of the hearing would likely result in the property being:
138          (A) sold, distributed, destroyed, or removed; and
139          (B) unavailable to satisfy a judgment or damages owed by the killer for conduct
140     resulting in the disqualifying [homicide of the decedent] crime.
141          (9) (a) (i) A payor or other third party is not liable for having made a payment or
142     transferred an item of property or any other benefit to a beneficiary designated in a governing
143     instrument affected by a disqualifying [homicide] crime, or for having taken any other action in
144     good faith reliance on the validity of the governing instrument, upon request and satisfactory
145     proof of the decedent's death, before the payor or other third party received written notice of a
146     claimed forfeiture or revocation under this section.
147          (ii) A payor or other third party is liable for a payment made or other action taken after
148     the payor or other third party received written notice of a claimed forfeiture or revocation under
149     this section.
150          (b) (i) Written notice of a claimed forfeiture or revocation under Subsection (9)(a) shall
151     be mailed to the payor's or other third party's main office or home by registered or certified

152     mail, return receipt requested, or served upon the payor or other third party in the same manner
153     as a summons in a civil action.
154          (ii) Upon receipt of written notice of a claimed forfeiture or revocation under this
155     section, a payor or other third party may pay any amount owed or transfer or deposit any item
156     of property held by the payor or third party to or with:
157          (A) the court having jurisdiction of the probate proceedings relating to the decedent's
158     estate; or
159          (B) if no proceedings have been commenced, the court having jurisdiction of probate
160     proceedings relating to the decedent's estates located in the county of the decedent's residence.
161          (iii) The court shall hold the funds or item of property and, upon the court's
162     determination under this section, shall order disbursement in accordance with the
163     determination.
164          (iv) Payments, transfers, or deposits made to or with the court discharge the payor or
165     other third party from all claims for the value of amounts paid to or items of property
166     transferred to or deposited with the court.
167          (10) (a) A person who purchases property for value and without notice, or who receives
168     a payment or other item of property in partial or full satisfaction of a legally enforceable
169     obligation, is:
170          (i) not obligated under this section to return the payment, item of property, or benefit;
171     and
172          (ii) not liable under this section for the amount of the payment or the value of the item
173     of property or benefit.
174          (b) Notwithstanding Subsection (10)(a), a person who, not for value, receives a
175     payment, item of property, or any other benefit to which the person is not entitled under this
176     section is:
177          (i) obligated to return the payment, item of property, or benefit to the person who is
178     entitled to the payment, property, or benefit under this section; and
179          (ii) personally liable for the amount of the payment or the value of the item of property
180     or benefit to the person who is entitled to the payment, property, or benefit under this section.
181          (c) If this section or any part of this section is preempted by federal law with respect to
182     a payment, an item of property, or any other benefit covered by this section, a person who, not

183     for value, receives the payment, item of property, or any other benefit to which the person is
184     not entitled under this section is:
185          (i) obligated to return the payment, item of property, or benefit to the person who
186     would have been entitled to the payment, property, or benefit if this section or part were not
187     preempted; and
188          (ii) personally liable for the amount of the payment or the value of the item of property
189     or benefit, to the person who would have been entitled to the payment, property, or benefit if
190     this section or part were not preempted.
191          Section 3. Effective date.
192          This bill takes effect on May 1, 2024.