How to Write a Will in Utah

Drafting an estate plan is one of the most loving and responsible things you can do for your family. For many people, estate planning starts with drafting a will. Writing a will may seem fairly straightforward, but there are certain elements you must include to ensure your wishes are respected. It is also critical that you ensure your will complies with certain legal requirements to ensure it is enforced by the court. Below, our Utah estate planning attorney outlines how to write a will in the state.

Checklist for Drafting a Will in Utah

There are many steps involved when drafting your will. They include:

Select your beneficiaries: Wills have many purposes but they mainly determine how your property will be distributed in the event that you pass away. One of the first steps when drafting your will is to select your beneficiaries, the people who will receive your property.
Inventory all assets: Create an inventory of all property including personal items, real estate, financial accounts, and all other assets. This can help you determine what assets you want included in your will, and how you want them distributed among your beneficiaries.
Choose your personal representative: Your will also designates a personal representative who will administer your estate after you pass away. They will also inventory your property, pay remaining debts, and ensure property is distributed according to your wishes. Personal representatives have many legal duties, so it is important to select someone capable of carrying them out.
Appoint a guardian for minor children: If you have minor children, you can also use your will to appoint a guardian for them if you are unable to care for them. You can also appoint a guardian of your children’s property if they will receive an inheritance before they turn 18 years old.
Draft your will: Once you have identified your goals and chosen people for important roles, you then just need to draft the will. It is important to work with an attorney who can ensure your will is executed properly.

Legal Requirements for Wills in Utah

While there are important provisions to include in your will, it is also important to ensure it meets certain legal requirements. In Utah, all wills must be in writing and signed by the testator, or person drafting the will. The testator and two witnesses must also sign the document in the presence of each other.

In addition to the above requirements, testators must be at least 18 years old and have the testamentary capacity to draft legal documents. Having testamentary capacity means the testator must understand the purpose of the will, their relationship with certain family members, and the nature and extent of their assets.

If a will does not meet any of the above legal requirements, it can be challenged by others with an interest in the estate.

Our Estate Planning Attorney in Utah Can Draft Your Will

If you have been thinking about drafting a will, it is critical that you obtain legal advice. At AGS Law, our Utah estate planning attorney can ensure your will is drafted and executed properly so it is not challenged and your wishes are respected. Call us now at 801-477-6144 or fill out our online form to request a consultation and to learn more.

Source:

le.utah.gov/xcode/Title75/Chapter2/C75-2-P5_1800010118000101.pdf