Utah Code 75-2-609. Ademption by satisfaction
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(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:
Terms Used In Utah Code 75-2-609
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Survive: includes its derivatives, such as "survives" "survived" "survivor" and "surviving. See Utah Code 75-1-201 v2
- Testator: A male person who leaves a will at death.
- Testator: includes an individual of either sex. See Utah Code 75-1-201 v2
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the will provides for deduction of the gift;(1)(b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or(1)(c) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(2) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator’s death, whichever occurs first.
(3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 75-2-603 and 75-2-604 , unless the testator’s contemporaneous writing provides otherwise.