Utah Code
Page 4
75-2-508 Revocation by change of circumstances.
Except as provided in Sections 75-2-803, 75-2-804, and 75-2-807, a change of circumstances
does not revoke a will or any part of it.
Amended by Chapter 225, 2021 General Session
75-2-509 Revival of revoked will.
(1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory
act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is revived.
The previous will is revived if it is evident from the circumstances of the revocation of the
subsequent will or from the testator's contemporary or subsequent declarations that the testator
intended the previous will to take effect as executed.
(2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory
act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revived unless it is
evident from the circumstances of the revocation of the subsequent will or from the testator's
contemporary or subsequent declarations that the testator did not intend the revoked part to
take effect as executed.
(3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by
another later will, the previous will remains revoked in whole or in part, unless it or its revoked
part is revived. The previous will or its revoked part is revived to the extent it appears from the
terms of the later will that the testator intended the previous will to take effect.
Repealed and Re-enacted by Chapter 39, 1998 General Session
75-2-510 Incorporation by reference.
A writing in existence when a will is executed may be incorporated by reference if the language
of the will manifests this intent and describes the writing sufficiently to permit its identification.
Repealed and Re-enacted by Chapter 39, 1998 General Session
75-2-511 Testamentary additions to trusts.
(1) A will may validly devise property to the trustee of a trust established or to be established:
(a) during the testator's lifetime by the testator, by the testator and some other person, or by
some other person, including a funded or unfunded life insurance trust, although the settlor
has reserved any or all rights of ownership of the insurance contracts; or
(b) at the testator's death by the testator's devise to the trustee, if the trust is identified in the
testator's will and its terms are set forth in a written instrument, other than a will, executed
before, concurrently with, or after the execution of the testator's will or in another individual's
will if that other individual has predeceased the testator, regardless of the existence, size, or
character of the corpus of the trust. The devise is not invalid because the trust is amendable
or revocable, or because the trust was amended after the execution of the will or the testator's
death.
(2) Unless the testator's will provides otherwise, property devised to a trust described in
Subsection (1) is not held under a testamentary trust of the testator, but it becomes a part of
the trust to which it is devised, and shall be administered and disposed of in accordance with
the provisions of the governing instrument setting forth the terms of the trust, including any
amendments thereto made before or after the testator's death.