(1)  Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be:

Terms Used In Utah Code 75-2-502

  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • testator: A male person who leaves a will at death.
  • Writing: includes :Utah Code 68-3-12.5
(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)  signed by at least two individuals, each of whom signed within a reasonable time after he 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Repealed and Re-enacted by Chapter 39, 1998 General Session