Section 501 – Who may make will.

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 Repealed and Re-enacted by Chapter 39, 1998 General Session

Section 502 – Execution — Witnessed wills — Holographic wills.

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 (c) […]

Section 503 – Writings intended as wills.

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 […]

Section 504 – Self-proved will.

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 […]

Section 505 – Who may witness.

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 Repealed and Re-enacted by Chapter 39, 1998 General Session

Section 506 – Choice of law as to execution.

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 […]

Section 507 – Revocation by writing or by act.

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 […]

Section 508 – Revocation by change of circumstances.

Effective 5/5/2021 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

Section 509 – Revival of revoked will.

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 […]

Section 510 – Incorporation by reference.

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

Section 511 – Testamentary additions to trusts.

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 […]

Section 512 – Events of independent significance.

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 […]

Section 513 – Separate writing identifying devise of certain types of tangible personal property.

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 […]

Section 514 – Contracts concerning succession.

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 […]

Section 515 – Penalty clause for contest.

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