Utah § 75-2-501 - Who may make will -- Testamentary capacity.
Full text of Utah Utah Code § 75-2-501 — Who may make will -- Testamentary capacity., with citation guidance and answers to common questions.
§ 75-2-501. Who may make will -- Testamentary capacity.
Effective 5/7/2025 75-2-501.
Who may make will -- Testamentary capacity.
(1)
An individual may make a will if the individual:
(a)
is 18 years old or older; and
(b)
has testamentary capacity at the time that the will is executed.
(2)
A testator has testamentary capacity under Subsection (1)(b) if the testator:
(a)
can identify the testator's family members or other individuals in the testator's life;
(b)
understands the testator's relationship to the individuals described in Subsection (2)(a);
(c)
understands the nature and extent of the testator's property; and
(d)
can form a plan in the testator's mind for the disposition of the testator's property.
(3)
A testator is not required to have any knowledge or understanding of the laws of inheritance by intestate succession for the testator to have testamentary capacity under Subsection (2).
(4)
There is a rebuttable presumption that testamentary capacity exists at the time that a will was executed even if the testator is subject to a guardianship or conservatorship or is otherwise unable to independently manage the testator's affairs.
Section 75-2-501 ("Who may make will -- Testamentary capacity.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 75-2-501?
A common citation format is "Utah Code § 75-2-501" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 75-2-501 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
