(a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that: (1) Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (b) Subsection (a) does not apply if one (1) of the following provides otherwise: (1) A court order; (2) The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (c) Sections 91-29-21 and 91-29-23 govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans. Added by Laws, 2020, ch. 406, SB 2851,§ 23, eff. 7/1/2020. (a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that: (1) Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (b) Subsection (a) does not apply if one (1) of the following provides otherwise: (1) A court order; (2) The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (c) Sections 91-29-21 and 91-29-23 govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans. Added by Laws, 2020, ch. 406, SB 2851,§ 23, eff. 7/1/2020. (a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that: (1) Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (b) Subsection (a) does not apply if one (1) of the following provides otherwise: (1) A court order; (2) The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (c) Sections 91-29-21 and 91-29-23 govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans. Added by Laws, 2020, ch. 406, SB 2851,§ 23, eff. 7/1/2020. (a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that: (1) Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (1) Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (A) As a personal representative, trustee, conservator, agent, or guardian; or (B) In another fiduciary or representative capacity. (b) Subsection (a) does not apply if one (1) of the following provides otherwise: (1) A court order; (2) The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (1) A court order; (2) The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (c) Sections 91-29-21 and 91-29-23 govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans.
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