Utah

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

Tit. 75-2-501, et seq

Operative Facts

1. Must be at least 18 years old
2. must be made in writing
3. signed by declarant or at his directive
4. document must be dated
5. signed in presence of 2 or more adult witnesses
6. substantially same form as §75-21104
7. no force during course of declarants pregnancy

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least 2 individuals, each of whom signed within a reasonable time after he witnessed either the signing, testators acknowledgment of that signature, or testators acknowledgment of the will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid whether or not witnessed if signature and material provisions are in handwriting of testator; last executed holographic will controls; if not dated, consistent provisions are valid; inconsistent provisions are invalid.