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Fraud, Coercion or Undue Influence: Section 61 the Indian Succession Act, 1925 expressly states that a will which has been caused by fraud or coercion, or any importunity which takes away the free agency of the testator is void. Any will that has been made in the absence of free will of testator can be challenged.
A Will can be challenged if it lacks vital components required by the law. It must be a written document and duly signed by the testator in the presence of two witnesses. The Will should be dated as a new Will with a later date would null and void the previous one.
Utah recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A Utah will may be changed at any time by codicil, or an amendment to the will, which must be executed in the same way as a will.
In fact, Utah requires that a deceased's original will be filed with the county clerk and, if probate is necessary, presented to the probate court.
Under Utah law, in order to have a valid Will, the document in question must be signed by the person creating the Will (the ?testator?) and the Will must be signed by two witnesses and the Will must be intended by the testator to be a Will.
ON YOUR OWN BY COMPUTER: The majority of filings are available electronically online through PACER. If you do not have a PACER account, you may register online at . Or call (800) 676-6856 for registration assistance.
There are two basic ways to change a will: (1) by writing a new Will; or (2) by amending a current Will with a codicil. Creating a new Will has become the preferred way to change an estate plan. However, creating a new Will without regard to the old one makes the Will vulnerable to court challenges.
Under Utah Code § 75-2-502, the basic requirements of a will are that it is written when you are of sound mind and that it is: In writing. Signed by the testator or in their name by another person in the testator's conscious presence with their consent. Witness and signed by two other individuals.