Warne v. Warne

AMENDED OPINION *

Justice PARRISH,

opinion of the Court:

INTRODUCTION

{1 In 2003, Ira B. Warne (Ira) executed the Partial Revocation of and Amendment to the Ira B. Warne Family Protection Trust (Partial Revocation). The purpose of the Partial Revocation was to terminate the interest of one of Ira's sons, Thomas Warne (Tom), who had been designated as a benefi-clary in the original trust instrument. On summary judgment, the district court invalidated the Partial Revocation based on our holding in Banks v. Means, 2002 UT 65, 52 P.3d 1190. The district court also held that Tom was entitled to…