Section 601 – Scope.
75-2-601. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 602 – Will construed to pass all property and after-acquired property.
75-2-602. Will construed to pass all property and after-acquired property. A will is construed to pass all property the testator owns at death and all property acquired by the estate after the testator’s death. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 603 – Definitions — Antilapse — Deceased devisee — Class gifts — Substitute gifts.
75-2-603. Definitions — Antilapse — Deceased devisee — Class gifts — Substitute gifts. (1) As used in this section: (a) “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 […]
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 Repealed and Re-enacted by Chapter 39, 1998 General Session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 609 – Ademption by satisfaction.
75-2-609. Ademption by satisfaction. (1) Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if: (a) the will provides for deduction of the gift; (b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the […]
Section 610 – Marital deduction formulas — Wills.
75-2-610. Marital deduction formulas — Wills. For estates of decedents dying after December 31, 1981, where a decedent’s will executed before September 13, 1981, contains a formula expressly providing that the decedent’s spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed […]
Section 611 – Direction to pay taxes in will.
75-2-611. Direction to pay taxes in will. A general direction in a will to pay all taxes imposed as a result of a testator’s death or similar language shall not be construed to include taxes imposed on a “generation skipping transfer” under Section 2601 of the Internal Revenue Code of 1986 (or any successor or […]