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Utah Code § 75-3-406

Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses

Applied in 1 court decision — leading case 2013 UT App 95 - In the Matter of the Estate of Juanita Valcarce (Valcarce v. Valcarce) (2013)

Most recently applied in 2013 UT App 95 - In the Matter of the Estate of Juanita Valcarce (Valcarce v. Valcarce) (April 2013)

Enacted by Chapter 150, 1975 General Session

(1) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(2) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.