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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[
33
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) [
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[
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 [
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 [
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 [
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 [
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; [
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[
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 [
108 (b) An individual has committed a disqualifying [
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 [
113 (ii) the court finds that a judgment of conviction has been entered against the
114 individual for a disqualifying [
115 judgment have been exhausted.
116 (8) (a) Before a court determines whether an individual committed a disqualifying
117 [
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 [
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 [
136
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 [
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 [
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.