Section 604 – Failure of testamentary provision.
75-2-604. Failure of testamentary provision. (1) Except as provided in Section 75-2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (2) Except as provided in Section 75-2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails […]
Section 605 – Increase in securities — Accessions.
75-2-605. Increase in securities — Accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was […]
Section 606 – Nonademption of specific devises — Unpaid proceeds of sale, condemnation, or insurance — Sale by conservatory or agent.
75-2-606. Nonademption of specific devises — Unpaid proceeds of sale, condemnation, or insurance — Sale by conservatory or agent. (1) A specific devisee has a right to the specifically devised property in the testator’s estate at death and: (a) any balance of the purchase price, together with any security agreement, owing from a purchaser to […]
Section 607 – Nonexoneration.
75-2-607. Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 509 – Revival of revoked will.
75-2-509. Revival of revoked will. (1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or […]
Section 510 – Incorporation by reference.
75-2-510. Incorporation by reference. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 511 – Testamentary additions to trusts.
75-2-511. Testamentary additions to trusts. (1) A will may validly devise property to the trustee of a trust established or to be established: (a) during the testator’s lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has […]
Section 512 – Events of independent significance.
75-2-512. Events of independent significance. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of another […]
Section 503 – Writings intended as wills.
75-2-503. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with Section 75-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the […]
Section 504 – Self-proved will.
75-2-504. Self-proved will. (1) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs, whether or not that officer is also a witness to the […]