Utah Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
Format:
Word; 
Rich Text
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Description

The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.

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FAQ

These clauses state that if anyone contests the Will or otherwise institutes court proceedings relating to the estate, then they will be penalized (usually by disinheritance). These provisions are generally enforceable, unless the person instituting the proceedings or contesting the Will had probable cause in doing so.

No-contest clause in wills The Uniform Probate Code (UPC) §§ 2-517 and 3?905 allow for no contest clauses so long as the person challenging the will does not have probable cause to do so.

Construction Defect Law and the 'Right to Cure' Statute of LimitationsUtah6 years for contracts4 years for personal injury3 years for property damageVermont6 years for contracts3 years for tortsVirginia5 years for contracts and property damage2 years for personal injuryWashington6 years for contracts3 years for torts47 more rows

70A-2-314 Implied warranty -- Merchantability -- Usage of trade. (1) Unless excluded or modified (Section 70A-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

Contested wills Wills informally probated are challengeable for up to three years after the decedent's death. Wills that are probated formally are those that are more complex and require a court hearing to either open or close their probate period.

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.

? This means that the no contest clause will be triggered only when there is an absence of ?probable cause? in the direct will or trust context. Probable cause is a low standard designed to protect an objector's right to assert arguable legal claims.

In Utah, the statute is 6 years and requirements for other types of coverage are different than our traditional plans.

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Utah Warranty Clauses