Utah Revocation of Will

Category:
State:
Multi-State
Control #:
US-0484BG
Format:
Word; 
Rich Text
Instant download

Description

A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries. Such circumstances typically occur after a divorce, remarriage, or similar change in situation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Under Utah law, in order to have a valid Will, the document in question must be signed by the person creating the Will (the ?testator?) and the Will must be signed by two witnesses and the Will must be intended by the testator to be a Will.

No, in Utah, you do not need to notarize your will to make it legal. However, Utah allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

In fact, Utah requires that a deceased's original will be filed with the county clerk and, if probate is necessary, presented to the probate court. If your family or executor can't find your original will, there's a presumption that you destroyed it with the intent to revoke it.

Express Revocation of Will Format: ?I declare this will to be my last will and testament, and I revoke all prior wills and codicils.? With implied revocation, there are no declarations within the will or codicil about your intention to make all prior wills and codicils null and void.

Utah recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A Utah will may be changed at any time by codicil, or an amendment to the will, which must be executed in the same way as a will.

PRESUMPTION OF REVOCATION AND ITS PURPOSE UNDER CALIFORNIA LAW. Under section 6124 of the Probate Code, a ?lost will? is presumed to have been destroyed by the testator to revoke the will.

Revocation by writing or by act. 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.

Formal probates cannot be challenged when they have been closed whereas informal probates can be challenged up to three months after the decedent has passed and the will probated.

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Utah Revocation of Will