Free Utah Last Will and Testament Form

A power of attorney (PoA) is a legal document that designates a person, referred to as your agent or proxy (does not have to be a lawyer), to take care of matters on your behalf while you are alive.

You can find numerous kinds of power of attorney, the two principal ones being:

• General power of attorney – enables you to appoint a proxy (agent) who will be able to manage your monetary and legal matters instead of you. However, this document will become ineffective in case the PoA author passes away or becomes incapacitated.
• Durable power of attorney – gives the same authority to the proxy as the first type but will stay effective even when the individual on behalf of whom the agent acts becomes incapacitated.

A will executor, on the other hand, is your reliable representative in charge of carrying out the terms from your will. The same individual could be your will’s executor and attorney-in-fact.

In Utah, it’s not necessary to attest your last will. However, you could make your last will self-proving by attaching an affidavit to it, and you’ll have to go to a notary if you’d like to make it happen. Making your last will self-proving could be a good option because it expedites the probate and gives yet another layer of security in case the will’s validity is contested.

A holographic last will is handwritten. For it to be valid, the document has to be completely in the handwriting of the testator and dated and signed by them. Such wills are more commonly utilized in cases of emergency and/or up to the point when more official documents can be used (whether by a lawyer or using a will template like the one you can download from this website). Holographic last wills can include unclear instructions and could leave out vital terms, so they are more difficult to enforce and can hinder the probate substantially. Therefore, it could be a better idea to go for the second solution that we go over below.

An attested last will is normally typed because it’s often made by a legal professional or is based on a last will form, such as the one you can get here. For it to be viewed as valid, it has to be signed by the testator and two trusted witnesses older than 18 in the testator’s presence, which can also be exercised in the presence of a notary public. Still, the latter is not needed in Utah.

Testamentary capacity is a term used to describe the testator’s (the person writing the will) legal and mental capability (sound mind) to write and change their last will.

In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” indicates that you do not have any kind of mental disorders (dementia, senility, insanity, etc.) that doesn’t allow you to have an understanding of the outcomes of your doings.

It’s not necessarily in Utah. Nevertheless, in case you decide to add a self-proving affidavit, it can be quite advantageous considering that the document acts as an alternative for in-court testimony of witnesses in the course of probate.

In Utah, there’s no such thing as community or marital property. This suggests that all of the assets acquired or improved during the marriage do not have to be evenly distributed between the marriage partners. Utah law implies that you can easily disinherit your spouse, but the latter will have the right to get a definite minimum amount of your estate.

Apart from your marriage partner, Utah law permits you to disinherit other members of your family. This refers to your adult children and other relatives; just include disinheritance paragraphs to the last will and testament.

No, it is you solely who can amend your will. There is just one situation when a 3rd party can get involved. When you’re physically incapable of signing your will, another person can do it instead of you yet only in your presence.

Yes, this can be done.

In line with Utah law, it’s possible to adjust or cancel the will if you are not obligated by a legal contract stating otherwise.

It can be a good idea to update your will if a serious event happens in your life. These include but aren’t limited to:

1. Adoption or childbirth
2. You got married or divorced
3. Real estate or a major piece of property has been purchased or sold
4. Great changes in your financial position

In Utah, the law indicates that the court can recognize a will if it is damaged or lost. Nevertheless, the probate court is unlikely to accept anything other than the original of the will to probate.

Utah can make an assumption that the absence of the will implies it was canceled. That puts the responsibility on the advocate of the last will and testament to provide proof of the mentioned last will.

For holographic last wills, the process can get much more complicated because sworn witnesses and testimony are required. The reason for not producing the last will and its details is to be explained as well.

Utah Estate Code permits some other individual to sign your will solely per your directive and with you present. It’s possible to give a certain instruction using some methods that include verbal communication, a positive answer to a query, or body language.

You may have a notary to sign the name of a testator who is physically unable to do so in case the latter instructs the notary public in the presence of a witness. It is important to note that such witnesses can’t have an interest (equitable or legal) in any of the assets being the issue matter of or affected by this type of a document (the will).