SECTION 2-703. CHOICE OF LAW AS TO MEANING AND EFFECT OF
GOVERNING INSTRUMENT Uniform Probate Code
The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in [Part] 2, the provisions relating to exempt property and allowances described in [Part] 4, or any other public policy of this state otherwise applicable to the disposition.
Comment
Purpose and Scope of Revisions. The scope of this section is expanded to cover all governing instruments, not just wills. As revised, this section enables the law of a particular state to be selected in the governing instrument for purposes of interpreting the instrument without regard to the location of property covered thereby. So long as local public policy is accommodated, the section should be accepted as necessary and desirable.
Cross Reference. Choice of law rules regarding formal validity of a will are in Section 2-506. See also Sections 3-202 and 3-408.
Historical Note. This Comment was revised in 1993. For the prior version, see 8 U.L.A. 141 (Supp. 1992).
The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in [Part] 2, the provisions relating to exempt property and allowances described in [Part] 4, or any other public policy of this state otherwise applicable to the disposition.
Comment
Purpose and Scope of Revisions. The scope of this section is expanded to cover all governing instruments, not just wills. As revised, this section enables the law of a particular state to be selected in the governing instrument for purposes of interpreting the instrument without regard to the location of property covered thereby. So long as local public policy is accommodated, the section should be accepted as necessary and desirable.
Cross Reference. Choice of law rules regarding formal validity of a will are in Section 2-506. See also Sections 3-202 and 3-408.
Historical Note. This Comment was revised in 1993. For the prior version, see 8 U.L.A. 141 (Supp. 1992).
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