Part 5 Wills

Utah Code

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Part 5

Wills

75-2-501 Who may make will.

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

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-502 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

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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-503 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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-504 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

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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 18 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) ___________________

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___________________________

(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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-505 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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-506 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.

Repealed and Re-enacted by Chapter 39, 1998 General Session

75-2-507 Revocation by writing or by act.

(1) A will or any part thereof is revoked:

(a) by executing a subsequent will that revokes the previous will or part expressly or by

inconsistency; or

(b) by performing a revocatory act on the will, if the testator performed the act with the intent and

for the purpose of revoking the will or part or if another individual performed the act in the

testator's conscious presence and by the testator's direction. For purposes of this subsection,

"revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the

will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will," whether

or not the burn, tear, or cancellation touched any of the words on the will.

(2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent

will wholly revokes the previous will by inconsistency if the testator intended the subsequent will

to replace rather than supplement the previous will.

(3) The testator is presumed to have intended a subsequent will to replace rather than supplement

a previous will if the subsequent will makes a complete disposition of the testator's estate. If

this presumption arises and is not rebutted by clear and convincing evidence, the previous will

is revoked; only the subsequent will is operative on the testator's death.

(4) The testator is presumed to have intended a subsequent will to supplement rather than replace

a previous will if the subsequent will does not make a complete disposition of the testator's

estate. If this presumption arises and is not rebutted by clear and convincing evidence, the

subsequent will revokes the previous will only to the extent the subsequent will is inconsistent

with the previous will; each will is fully operative on the testator's death to the extent they are

not inconsistent.

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

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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.

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(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the

testator's death causes the devise to lapse.

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

75-2-512 Events of independent significance.

A will may dispose of property by reference to acts and events that have significance apart from

their effect upon the dispositions made by the will, whether they occur before or after the execution

of the will or before or after the testator's death. The execution or revocation of another individual's

will is such an event.

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

75-2-513 Separate writing identifying devise of certain types of tangible personal property.

Whether or not the provisions relating to holographic wills apply, a will may refer to a written

statement or list to dispose of items of tangible personal property not otherwise specifically

disposed of by the will, other than money. To be admissible under this section as evidence of the

intended disposition, the writing shall be signed by the testator and shall describe the items and the

devisees with reasonable certainty. The writing may be referred to as one to be in existence at the

time of the testator's death; it may be prepared before or after the execution of the will; it may be

altered by the testator after its preparation; and it may be a writing that has no significance apart

from its effect on the dispositions made by the will.

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

75-2-514 Contracts concerning succession.

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if

executed after July 1, 1998, may be established only by:

(a) provisions of a will stating material provisions of the contract;

(b) an express reference in a will to a contract and extrinsic evidence proving the terms of the

contract; or

(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to

revoke the will or wills.

Enacted by Chapter 39, 1998 General Session

75-2-515 Penalty clause for contest.

A provision in a will purporting to penalize an interested person for contesting the will or

instituting other proceedings relating to the estate is unenforceable if probable cause exists for

instituting proceedings.

Enacted by Chapter 39, 1998 General Session