Utah Statutes
§ 75B-2-817 — Marital deduction formulas -- Trusts.
(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.
(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.
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Legislative History
Renumbered and Amended by Chapter 310, 2025 General Session
Nearby Sections
15
§ 75B-1-101
Definitions for title.§ 75B-1-102
Transition clause.§ 75B-1-201
Definitions for part.§ 75B-1-203
Income permitted to accumulate.§ 75B-1-301
Definitions for part.§ 75B-1-302
Asset protection trust. -- Governing law.§ 75B-1-303
Requirements for asset protection trust.§ 75B-1-304
Application of asset protection trust.§ 75B-1-305
Illusory agreement.§ 75B-1-306
Affidavit of solvency.