Split Utah SCT Holds Navajo Man May Not Inherit from Adoptive Father

Here is the opinion in Estate of Hannifin.

An excerpt:

Max Hill, in his capacity as Special Representative of the Estate of William J. Hannifin, appeals from a district court order awarding Willis Nakai a portion of that estate. Though Nakai is neither biologically nor legally related to Hannifin, the district court determined that he was nonetheless entitled to inherit under the doctrine of equitable adoption.

We reverse. We hold that the doctrine of equitable adoption, first recognized in In re Williams’ Estates, 348 P.2d 683 (Utah 1960), has been preempted by the detailed provisions of Utah‘s Probate Code. See UTAH CODE §§ 75-1-101 to -8-101. And, because Nakai does not qualify under the Probate Code‘s intestate succession provisions, we reverse the decision entitling him to inherit from Hannifin.

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