Utah Code

Utah Code § 75-2-501 (2026)

Who may make will -- Testamentary capacity

✓ current as of May 2026

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An individual may make a will if the individual:

is 18 years old or older; and

has testamentary capacity at the time that the will is executed.

A testator has testamentary capacity under Subsection (1)(b) if the testator:

can identify the testator's family members or other individuals in the testator's life;

understands the testator's relationship to the individuals described in Subsection (2)(a);

understands the nature and extent of the testator's property; and

can form a plan in the testator's mind for the disposition of the testator's property.

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).

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.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1983–2021 · leading case: Taylor v. Est. of Taylor, 770 P.2d 163 (Utah Ct. App. 1989).

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Taylor v. Est. of Taylor, 770 P.2d 163 (Utah Ct. App. 1989). · cites it 2× “See Utah Code Ann. § 75-2-501 (1978). 4 . Even if Wendell was successful in attacking the validity of the August 30 will, from all that appears Wendell would still be obligated to repay the loan to the personal representative of Grant’s estate, for the benefit of those entitled…”

Montes Fam. v. Carter, 878 P.2d 1168 (Utah Ct. App. 1994). · cites it 4× “Utah Code Ann. § 75-2-501 (1993). The general rule is that "[a] testator is presumed competent to make a will, and the burden of proof of testamentary incapacity is on the contestant of a will.”

In re Est. of D.A. Osguthorpe, 2021 UT 23 (Utah 2021). “¶69 We agree with Rudd/Ballard that Utah’s Probate and Trust Codes embrace the notion of the “testator’s freedom of disposition.”

Est. of Erickson v. Misaka, 766 P.2d 1085 (Utah Ct. App. 1988). · cites it 2× “The introductory Editorial Board Comment to Part 5 of the Utah Uniform Probate Code, 1 Utah Code Ann. §§ 75-2-501 through -513 (1978), notes that its provisions are intended to validate a will whenever possible.”

Matter of Est. of Anderson, 671 P.2d 165 (Utah 1983). “Section 75-5-408(1)(c) ante. Nor may a protective order under that section affect the capacity of the protected person.”

Smith v. Osborn, 671 P.2d 165 (Utah 1983). “Section 75-5-408(l)(c) ante. Nor may a protective order under that section affect the capacity of the protected person.”

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