Utah Code 75-2-604. Failure of testamentary provision
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(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.
Terms Used In Utah Code 75-2-604
- Devise: To gift property by will.
- Devise: when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. See Utah Code 75-1-201 v2
- Devisee: means any person designated in a will to receive a devise. See Utah Code 75-1-201 v2
(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 for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.