Utah Code » Title 75, Chapter 2 — Intestate Succession and Wills; part 75-2-6 — Rules of Construction for Wills
Utah Code

Utah Code § 75-2-604 (2026)

Failure of testamentary provision

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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.
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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Scarritt v. Orton, 845 P.2d 938 (Utah Ct. App. 1992).
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Scarritt v. Orton, 845 P.2d 938 (Utah Ct. App. 1992). · cites it 4× “” Utah Code Ann. § 75-2-604 (1978). Thus, where a will presents more than one plausible interpretation, we prefer the interpretation that prevents intestacy.”
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