Skip to content

Updated Will Guide: Essential Information for All Family Structures

Comprehensive guide to updating your will for blended families, same-sex couples, parents, and individuals with significant assets. Learn why an updated will is crucial for protecting your loved ones and assets.

Introduction

An updated will is one of the most important legal documents you can create to protect your family and assets. This legal instrument ensures your wishes are carried out after your passing, providing clear instructions about how your property should be distributed, who will care for minor children, and how your affairs should be managed. Without an updated will, state laws determine what happens to your assets and dependents, which may not align with your intentions. This guide explains the importance of keeping your will current, especially for blended families, same-sex couples, parents with minor children, and individuals with significant assets. Understanding the basics of an updated will can help you make informed decisions to protect your loved ones and provide peace of mind for your family's future.

0/5000

Key Things to Know

  1. 1

    Without an updated will, state intestacy laws determine how your assets are distributed, which may not align with your wishes for your family members.

  2. 2

    For blended families, an updated will is essential to ensure all children (biological and step-children) are provided for according to your intentions.

  3. 3

    Same-sex couples benefit from the legal protections an updated will provides, especially in regions where legal recognition may be evolving.

  4. 4

    Naming guardians for minor children is one of the most important functions of a will for parents.

  5. 5

    Your will should be reviewed and potentially updated after every major life event (marriage, divorce, birth of children, significant asset acquisition).

  6. 6

    For those with significant assets, an updated will should work in conjunction with trusts and other estate planning tools to minimize taxes and maximize asset protection.

  7. 7

    Digital assets, pets, and sentimental items should be specifically addressed in your updated will to avoid confusion or conflict.

  8. 8

    Working with an estate planning attorney familiar with your specific family structure is highly recommended to ensure your will accomplishes your goals.

Key decisions before you file

Before you file a Updated Will in Utah, a few decisions shape the document: which option to choose and what each one means. The Updated Will guide walks through them.

Open the Updated Will guide

Customize your Updated Will Template with DocDraft

Utah Requirements for Updated Will

  • Testamentary Capacity (Utah Code § 75-2-501)

    Under Utah law, the testator must be of sound mind and at least 18 years old to execute a valid will. Sound mind means understanding the nature and extent of one's property, the natural objects of one's bounty, and the disposition being made.

  • Will Execution Requirements (Utah Code § 75-2-502)

    A will must be in writing, signed by the testator or by someone in the testator's conscious presence and at the testator's direction, and witnessed by at least two competent individuals who sign the will within a reasonable time after witnessing the testator's signing.

  • Self-Proved Will (Utah Code § 75-2-504)

    A will may be self-proved at the time of execution by acknowledgment by the testator and affidavits of witnesses, each made before a notary public. This simplifies the probate process by eliminating the need for witness testimony.

  • Holographic Wills (Utah Code § 75-2-503)

    Utah recognizes holographic (handwritten) wills as valid without witness requirements if the signature and material portions of the document are in the testator's handwriting.

  • Revocation of Wills (Utah Code § 75-2-507)

    A will or any part thereof is revoked by a subsequent will that revokes the prior will or part expressly or by inconsistency, or by performing a revocatory act on the will with the intent to revoke it.

  • Revival of Revoked Will (Utah Code § 75-2-509)

    A will that is revoked by a subsequent will can only be revived if the subsequent will is revoked and the intent to revive the original will is evident.

  • Intestate Succession (Utah Code § 75-2-101)

    If any portion of the estate is not effectively disposed of by the will, that portion passes according to Utah's intestate succession laws.

  • Omitted Spouse Provision (Utah Code § 75-2-301)

    If a testator's spouse married the testator after the execution of the will, the omitted spouse receives an intestate share unless the will was made in contemplation of the marriage or the spouse was provided for outside the will.

  • Omitted Children Provision (Utah Code § 75-2-302)

    Children born or adopted after the execution of a will who are not provided for in the will are entitled to a share of the estate unless it appears the omission was intentional.

  • Personal Representative Appointment (Utah Code § 75-3-203)

    The will should name a personal representative (executor) to administer the estate. Utah law establishes priority for appointment if none is named or the named person cannot serve.

  • Guardian Designation for Minor Children (Utah Code § 75-5-202)

    A will may appoint a guardian for minor children. The court will honor this designation unless it finds the appointment would be contrary to the best interests of the child.

  • No-Contest Clause (Utah Code § 75-2-515)

    Utah recognizes no-contest clauses (in terrorem clauses) that disinherit beneficiaries who challenge the will, though courts may not enforce them if the contest is brought in good faith and with probable cause.

  • Simultaneous Death Provision (Utah Code § 75-2-702)

    If the order of deaths cannot be determined, Utah's Uniform Simultaneous Death Act applies, treating each person as having survived the other for purposes of disposition of property.

  • Choice of Law Provisions (Utah Code § 75-2-703)

    The meaning and legal effect of a will are determined by the local law of the state selected by the testator in the will, provided the law of that state has a substantial relationship to the will.

  • Ademption by Extinction (Utah Code § 75-2-606)

    If specifically devised property is not in the testator's estate at death, the beneficiary will not receive the property or its value unless protected by statutory exceptions.

  • Marital Property Rights (Employee Retirement Income Security Act (ERISA))

    Federal law protects certain marital property rights, particularly for qualified retirement accounts, which generally require spousal consent to name a non-spouse beneficiary.

  • Estate Tax Considerations (Internal Revenue Code § 2001)

    Federal estate tax applies to estates exceeding the exemption amount. While Utah has no state estate tax, federal tax planning should be addressed in wills for larger estates.

  • Digital Assets Provision (Utah Code § 75-11-101 et seq.)

    Utah has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, allowing a testator to give directions for disclosure of digital assets to fiduciaries through a will or other record.

  • Tangible Personal Property Memorandum (Utah Code § 75-2-513)

    Utah allows a testator to refer in the will to a written statement or list that disposes of tangible personal property not otherwise disposed of by the will (other than money).

  • Uniform Transfers to Minors Act (Utah Code § 75-5a-101 et seq.)

    Testators can include provisions for property left to minors to be managed under Utah's Uniform Transfers to Minors Act until the beneficiary reaches the age of majority.

Frequently Asked Questions