Utah Code 75-2-213. Waiver of right to elect and of other rights
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(1) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.
Terms Used In Utah Code 75-2-213
- Contract: A legal written agreement that becomes binding when signed.
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Decedent: A deceased person.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Exempt property: means that property of a decedent's estate which is described in Section
75-2-403 . See Utah Code 75-1-201 v2 - Intestate: Dying without leaving a will.
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- Property: includes values subject to a beneficiary designation. See Utah Code 75-2-201
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) A surviving spouse’s waiver is not enforceable if the surviving spouse proves that:(2)(a) he did not execute the waiver voluntarily; or(2)(b) the waiver was unconscionable when it was executed and, before execution of the waiver, he:(2)(b)(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;(2)(b)(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and(2)(b)(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.(3) An issue of unconscionability of a waiver is for decision by the court as a matter of law.(4) Unless it provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to him from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.