In the absence of a finding of a contrary intention, the rules of construction in this part 6 control the construction of a will. In the absence of a finding of a contrary intention, the provisions of sections 15-11-603 and 15-11-604 shall apply to wills and codicils executed or republished or reaffirmed on or after […]
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator’s death. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995. Editor’s note: This section is similar to former § 15-11-604 as it existed prior to […]
Definitions. As used in this section, unless the context otherwise requires: “Alternative devise” means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of one or more events, including survival of the testator or failure to survive the […]
Except as provided in section 15-11-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. Except as provided in section 15-11-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other […]
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 executed as a result of the testator’s […]
A specific devisee has a right to the specifically devised property in the testator’s estate at death and: Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property; Any amount of a condemnation award for the taking of […]
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. Source: L. 94: Entire part R&RE, p. 1008, § 3, effective July 1, 1995. Editor’s note: This section is similar to former § 15-11-609 as […]
Property a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that […]
