Warne v. Warne
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Ira B. Warne executed a partial revocation of and amendment to the Ira B. Warne family protection trust, the purpose of which was to terminate the interest of one of Ira's sons, Thomas Warne, who had been designated as a beneficiary in the original trust instrument. On summary judgment, the district court (1) invalidated the partial revocation based on the Supreme Court's holding in Bans v. Means; and (2) held that Thomas was entitled to one-half of the personal property of Ira's estate pursuant to the distribution provisions of Ira's will. The Supreme Court reversed, holding (1) the partial revocation complied with Utah Code 75-7-605, which statutorily overruled the holding in Banks; and (2) the distribution of Ira's personal property was governed by the terms of the trust, rather than by Ira's will, and therefore the district court erred in awarding Thomas one-half of that property. Remanded for consideration of whether Ira's partial revocation was a product of undue influence.
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