Utah's Requirements for a Will
Utah's Requirements for a Will
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Utah's Requirements for a Will

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Summary of Utah's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Utah's Will Requirements:

 

Who may make will

An individual 18 or more years of age who is of sound mind may make a will.

Utah Code, 75-2-501

 

Execution -- Witnessed wills -- Holographic wills

(1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be:

(a) in writing;

(b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and

(c) signed by at least two individuals, each of whom signed within a reasonable time after he witnessed either the signing of the will as described in Subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with Subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
(3) Intent that the document constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

Utah Code, 75-2-502

 

Writings intended as wills

Although a document or writing added upon a document was not executed in compliance with Section 75-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.

Utah Code, 75-2-503

 

Self-proved will

(1) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs, whether or not that officer is also a witness to the will, and evidenced by the officer's certificate, under official seal, in substantially the following form:

 

I, _______, the testator, sign my name to this instrument this ____ day of _______, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________
Testator


We, _______, _______, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as [his] [her] will and that [he] [she] signs it willingly (or willingly directs another to sign for [him] [her] ), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________
Witness

__________________
Witness

 

State of ____________
County of ___________

Subscribed, sworn to and acknowledged before me by _______, the testator, and subscribed and sworn to before me by _______, and _______, witnesses, this ____ day of _______.

(Signed) _______________

(Official capacity of officer)

 

(2) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

 

State of _____________
County of ____________

We, ____________, ____________, and ____________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that [he] [she] had signed willingly (or willingly directed another to sign for [him] [her] ), and that [he] [she] executed it as [his] [her] free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of [his] [her] knowledge the testator was at that time eighteen years or age or older, of sound mind, and under no constraint or undue influence.


__________________
Testator

__________________
Witness

__________________
Witness


Subscribed, sworn to, and acknowledged before me by _______, the testator, and subscribed and sworn to before me by _______, and _______, witnesses, this ____ day of _______.

(Signed) _____________________ ____________________________
(Official capacity of officer)

 

(3) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

(4) The notarization of will provisions of this section preempt conflicting provisions in other sections of the Utah Code whether the will was executed prior to or after July 1, 1998.

Utah Code, 75-2-504

 

Who may witness

(1) An individual generally competent to be a witness may act as a witness to a will.

(2) The signing of a will by an interested witness does not invalidate the will or any provision of it.

Utah Code, 75-2-505

 

Choice of law as to execution

A written will is valid if executed in compliance with Section 75-2-502 or 75-2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.

Utah Code, 75-2-506

 

[Reference - Utah Requirements for a Will]

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