75-2-705 - Class gifts construed to accord with intestate succession.
75-2-705. Class gifts construed to accord with intestate succession.
(1) Adopted individuals and individuals born out of wedlock, and their respectivedescendants if appropriate to the class, are included in class gifts and other terms of relationshipin accordance with the rules for intestate succession. Terms of relationship that do notdifferentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or"nephews," are construed to exclude relatives by affinity. Terms of relationship that do notdifferentiate relationships by the half blood from those by the whole blood, such as "brothers,""sisters," "nieces," or "nephews," are construed to include both types of relationships.
(2) In addition to the requirements of Subsection (1), in construing a dispositive provisionof a transferor who is not the natural parent, an individual born to the natural parent is notconsidered the child of that parent unless the individual lived while a minor as a regular memberof the household of that natural parent or of that parent's parent, brother, sister, spouse, orsurviving spouse.
(3) In addition to the requirements of Subsection (1), in construing a dispositive provisionof a transferor who is not the adopting parent, an adopted individual is not considered the child ofthe adopting parent unless the adopted individual lived while a minor, either before or after theadoption, as a regular member of the household of the adopting parent.
Enacted by Chapter 39, 1998 General Session