Title 29A, UNIFORM PROBATE CODE

(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator a…

(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and: (1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property; (2) Any a…

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. Source: SL 1995, ch 167 , § 2-607.

In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to e…

(a) Property a testator gave during lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a writing that the gift is in satisfaction of the devise or that its value…

In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is…

(a) For the purposes of this code, an individual who does not survive an event, including the death of another individual, by 120 hours is deemed to have predeceased the event. (b) For purposes of a provision of a governing instrument that relates to an individual surviving an ev…

The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor 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 prov…

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the …

Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiat…

(a) A future interest created under the terms of a trust is contingent on the beneficiary surviving the distribution date. (b) If an individual named as a beneficiary of a future interest created under the terms of a trust does not survive the distribution date, the future intere…

If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in pos…

(a) If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the des…

The doctrine of worthier title does not exist in this state either as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relative…

Source: SL 1995, ch 167 , § 2-603.

(a) Any person who may be entitled to receive any property or beneficial interest, vested or otherwise, under any will of or by intestate succession from a decedent, or as a surviving joint tenant of a decedent, or under the terms of an inter vivos trust or other lifetime transfe…

An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate…

(a) In this section: (1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a will, trust, or other governing instrument. (2) "Governing instrument" means a will, trust, or other governing instru…

(a) In this section: (1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (2) "Divorce or annulment" means any divorce or annulment, or any dissolution or declaration of…