Contesting a Will in Utah: The Grounds for a Legal Challenge

The death of a family member is a difficult time, and disputes over the deceased’s will can add significant stress and emotional turmoil. In Utah, a will is presumed to be valid, but there are specific circumstances under which it can be legally challenged. This process, known as a will contest, is a formal objection raised in probate court against the validity of a will. This guide outlines the legal grounds for contesting a will in Utah.

Who Can Contest a Will in Utah?

Before a will can be contested, the person challenging it must have “standing.” This means they must have a direct financial interest in the outcome of the case. Generally, the following parties have standing to contest a will:

• Heirs and Beneficiaries: Individuals named in the current will or a previous will.
• Intestate Heirs: Individuals who would have inherited from the estate if the deceased had died without a will (according to Utah’s laws of intestate succession).

The Legal Grounds for Contesting a Will

To successfully contest a will in Utah, you must prove that it is invalid for one of the following legal reasons. The burden of proof is on the person challenging the will.

1. Lack of Testamentary Capacity

This is one of the most common grounds for a will contest. To have testamentary capacity, the person making the will (the testator) must have been of sound mind at the time the will was signed. Under Utah law, this means they must have understood:

• The nature and extent of their property.
• The natural objects of their bounty (i.e., their family members and loved ones).
• That they were signing a will to dispose of their property upon their death.

A testator may have been diagnosed with dementia or another cognitive impairment, but if they had a “lucid interval” and met the above criteria when they signed the will, the will may still be considered valid.

2. Undue Influence

Undue influence occurs when a person in a position of trust and confidence uses that position to manipulate the testator into creating or changing a will to benefit the manipulator. The influence must be so strong that it overpowers the testator’s free will, causing them to make a will that they would not have otherwise made.

Courts will look for several signs of undue influence, including:

• A confidential relationship between the testator and the influencer.
• The influencer being actively involved in the preparation of the will.
• The influencer receiving an unnaturally large portion of the estate.
• The testator being isolated from other family members.

3. Fraud or Forgery

A will can be invalidated if it was created as a result of fraud. This could involve the testator being tricked into signing a document they did not know was a will, or being presented with false information that caused them to change their will. Forgery, where a will is created or signed by someone other than the testator, is also a clear ground for invalidation.

4. Duress

Duress is similar to undue influence but typically involves an overt threat of physical harm or coercion to force the testator to sign a will against their wishes.

5. Improper Execution

Utah has strict legal requirements for how a will must be signed and witnessed. For a will to be valid, it must be:

• In writing.
• Signed by the testator.
• Signed in the testator’s presence by at least two credible witnesses, who also sign the will in the testator’s presence.

If these formalities were not followed, the will can be challenged as invalid.

The “No-Contest” Clause

Some wills include a “no-contest” clause (or in terrorem clause), which states that any beneficiary who challenges the will and loses will forfeit their inheritance. However, Utah Code § 75-2-515 states that such a clause is unenforceable if the beneficiary had probable cause to contest the will. This means that if you have a legitimate reason to believe the will is invalid, you can challenge it without fear of being disinherited.

How an Estate Litigation Attorney Can Help

Contesting a will is a complex legal process that requires a deep understanding of Utah’s probate laws. An experienced estate litigation attorney at Fontenot Law can help you by:

• Evaluating Your Case: We will review the facts of your situation to determine if you have legal standing and valid grounds to contest the will.
• Gathering Evidence: Our team will conduct a thorough investigation, which may include obtaining medical records, interviewing witnesses, and consulting with experts.
• Navigating the Probate Court: We will handle all legal filings and represent you in probate court, advocating for your rights and interests.

Contact Fontenot Law Today

If you believe a loved one’s will is invalid due to lack of capacity, undue influence, or other legal grounds, it is crucial to act quickly. There are strict deadlines for contesting a will in Utah. Contact the estate litigation attorneys at Fontenot Law today for a confidential consultation to discuss your case.