Tuesday, March 31, 2015

SECTION 2-711.Uniform Probate Code INTERESTS IN “HEIRS” AND LI

SECTION 2-711. INTERESTS IN “HEIRS” AND LIKE. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual’s “heirs,” “heirs at law,” “next of kin,” “relatives,” or “family,” or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual’s intestate estate under the intestate succession law of the designated individual’s domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual’s surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.

Purpose of New Section. This new section provides a statutory definition of “heirs,” etc., when contained in a dispositive provision or a statute (such as Section 2-707(h)). This section was amended in 1993 to make it applicable to present as well as future interests in favor of heirs and the like. Application of this section to present interests codifies the position of the Restatement (Second) of Property § 29.4 cmts. c & g (1987).
Cross Reference. See Section 2-710, abolishing the doctrine of worthier title.
Historical Note. This Comment was revised in 1993. For the prior version, see 8 U.L.A.
155 (Supp. 1992). 

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