Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.

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34-26-66. Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.

(a) A document of gift is valid if executed in accordance with:

(1)Sections 34-26-48 to 34-26-72, inclusive;

(2)The laws of the state or country where it was executed; or

(3)The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Source: SL 2007, ch 197, §19.


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