UTAH WILL INSTRUCTIONS
1. This will is designed to be completed on your computer. To do so, use your
mouse and click on each field which will be highlighted in gray. This will replace the
gray with the words you type.
Example: ___________[1]__________________ will become JOHN DOE.
2. Article / Field Completion Instructions
Field [1] - Your name.
Field [2] - Your name
Field [3] - Your County of Residence.
Article One
Field [4] - Type the name of person you reside with.
Field [5] & [6] - Type the name and birth date of your 1 st
minor child.
Field [7] & [8]- Type the name and birth date of your 2 nd
minor child.
Field [9] & [10]- Type the name and birth date of your 3 rd
minor child.
You may delete the fields not used. So, if you only have one child, delete
the other fields.
Article Three
This article is for you to specify specific property to go to a specific
person. If you do not leave any, type none and delete the fields.
Field [11] - Type name.
Field [12] - Type street address.
Field [13] - Additional Address line.
Field [14] - City, State, Zip.
Field [15] - Relationship.
Field [16] - Describe the property to go to this person.
Field [17] - Type name.
Field [18] - Type street address.
Field [19] - Additional Address line.
Field [20] - City, State, Zip.
Field [21] - Relationship.
Field [22] - Describe the property
Field [23] - Type name.
Field [24] - Type street address.
Field [25] - Additional Address line.
Field [26] - City, State, Zip.
Field [27] - Relationship.
Field [28] - Describe the property
Article Four
This article is for you to leave your homestead, if you have one on the
date of death to persons designated. If you leave it to anyone other than your children,
check the box in front of field 29 and then type the name of the person to receive in
field 29. To make the checkbox work, double click on top of it and select checked.
Field [29] - Type name of person to receive homestead if other
than children.
Field [30] - Type name(s) of children if you select this option.
Note: If your home is jointly owned with another and held as joint tenants
with rights of survivorship, the home will pass to the survivor and will not be controlled
by your will. If this is the case, name the joint tenant in field 29.
Article Five
This article is for you to leave all the rest and remainder of your property
except your homestead and any special items you listed in Article Three. If you leave it
to anyone other than your children, check the box in front of field 31 and then type the
name of the person to receive in field 31. To make the checkbox work, double click on
top of it and select checked.
Field [31] - Type name of person to receive all other property if
other than your children.
Field [32] - Type name(s) of children if children are to receive the
rest and remainder of your property.
Article Six
This article is necessary if you named someone other than your children
in Article 4 or 5 and should be completed regardless in order to avoid confusion. If you
named a person other than your children in Articles 4 or 5, this article says that if that
person predeceases you, your property will instead go to your children.
Field [33] - Type name(s) of children.
Field [34] - Type name(s) of children.
Field [35] - Type name(s) of children.
Article Seven
This article is for you to designate at what age your children are to be
considered adults and at what age your Trustee will distribute shares of the trust to the
adult children.
Field [36] - Type the age the children as desired.
Field [37] - Type the age determined as desired.
Field [38] - Type the age determined as desired.
Field [39] - Type the age determined as desired
Article Nine
This article is for you to name your Trustee and Contingent Trustee. This
must be an adult and can be the person with whom you live.
Field [40] - Type the name of the person you name as Trustee
Field [41] - Type the name of the person you name as
Contingent Trustee.
Article Ten
This Article is for you to name the person you want to act as Guardian of
your minor children. This must be an adult and can be the person with whom you live.
Field [42] - Type the name of the person you name as Guardian
of your minor children
Article Eleven
This article is for you to name the persons you want to act as your
Personal Representative and successor Personal Representative. This must be an
adult and can be the person with whom you live.
Field [43} - Type the name of the person you name as your
Personal Representative.
Field [44] - Type the name of the person you name as your
successor Personal Representative
Article Fifteen
All parts of Article 15 are optional. Complete as desired. Be sure to write
your initials for any of these items you desire to apply.
Fields [45] – {47] - Omitted
Field [48] - Name of Cemetery
Field [49] - County of Cemetery
Field [50] - State of Cemetery
Ending and Signature
Field [51] - Your name
Field [52] - Your name.
Field [53] - Your name.
Field [54] - Your name.
Field [55] - Your name.
Field [56] - Your name.
All other blanks in the Will are typically completed by hand, such as the names of
the witnesses, day, month and year executed, etc.
Once you have completed the Will double check all entries and then print. The
Will should be signed by you in front of two witnesses, not related to you.
The self-proving affidavit is optional but recommended. It is used to prove the
Will and make the Will subject to probate. If the affidavit is not completed now,
someone will have to locate the witnesses after your death and obtain an affidavit.
Therefore, it is best to sign the Will in the present of two witnesses AND a notary public
so that the affidavit can be completed by the Notary.
You should keep your Will in a safe place once executed. It is also
recommended that you give a copy to your executor or other person as additional proof
of execution.
For additional information, see the Law Summary and Information and Preview
links in the search results for this form. A Definitions section is linked on the
Information and Preview page.
LAST WILL AND TESTAMENT OF
_________________[1]__________________
BE IT KNOWN THIS DAY THAT,
I, ____________[2]_________________ , of _______[3]___________ County, Utah, being of
legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my
Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am not married. I reside with _____________[4]________________ . I am a parent of the
following minor children:
Name Date of Birth
______________[5]_______________ _______[6]___________
______________[7]_______________ _______[8]___________
______________[9]_______________ _______[10]___________
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation
or any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
Signed by Testator/Testatrix: __________________________________ - 1 -
[17] [18]
[19]
[20] [21]
Property: [22]
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the bequest to
such person shall lapse and the property shall pass under the other provisions of this Will. In
the event that I do not possess or own any property listed above on the date of my death, the
bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to:
(select and complete only one)
_____________[29]________________
OR
_____________[30]________________ , my children, equally, per stirpes.
If the person or persons, does not survive me, then my homestead or primary residence shall
pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may
have an interest at the date of my death and which is not otherwise effectively disposed of, to:
(select and complete only one)
_____________[31]________________
OR
_____________[32]________________ , my children, equally, per stirpes.
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that the person I name in Article Five shall predecease me, if other than my
children are named, I will, devise, bequeath and give all the rest and remainder of my property
and estate of every kind and character, including, but not limited to, real and personal property
in which I may have an interest at the date of my death and which is not otherwise effectively
Signed by Testator/Testatrix: __________________________________ - 2 -
disposed of (“Residuary Estate”), to my children ____________[33]_________________ and
____________[34]_________________ and ____________[35]_________________ ,
equally, per Stirpes. If one of my children shall predecease me, then the equal share set apart
for that deceased child shall instead be distributed to his or her descendants, per stirpes. If
one of my children shall predecease me leaving no descendants surviving, then the equal
share set apart for that deceased child shall instead be distributed to my other child, or if that
child has also predeceased me, then to his or her descendants, per stirpes.
ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that any of my children are under the age of _____[36]_____ years of age, and
they receive property under this will, then I direct that my Personal Representative shall
transfer, assign and deliver over to my Trustee, named below, such Beneficiary’s share of my
estate and the objects of property described herein. I direct my Trustee to hold said
Beneficiaries share of my estate on the following terms and conditions:
A.
The Trustee shall hold and administer the assets of the Trust for the use and benefit of the
Beneficiaries for the purpose of providing for their health, education and general welfare in
accordance with their accustomed standard of living as much as is possible, considering the
value of the Trust property and their other sources of income.
B.
The Trustee, may in his or her discretion, distribute to or for the benefit of the named
Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her
sole discretion shall determine to be necessary to accomplish the purposes of this Trust. The
Trustee may make such distributions as often or as seldom as he or she may determine in his
or her sole discretion without the necessity of any court authority or approval, this being a
private trust.
C.
As each Beneficiary herein reaches the age of _____[37]______ years, the Trustee shall
distribute to said beneficiary his or her share of the trust principal and income as of the
distribution date. When the youngest Beneficiary reaches the age of _____[38]______ years,
the Trustee shall distribute all of the remaining Trust property including principal and
accumulated income to the Beneficiary and this Trust shall terminate. In making said
distributions, the Trustee may make distributions in kind and shall have the sole discretion as
to valuation of the Trust property in determining and apportioning distributions among the
Beneficiaries.
D.
In the event of the death of any of the above named Beneficiary prior to the final date of
distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only
that portion of the Trust property attributable to said deceased Beneficiary beyond the
distribution dates as provided in Subparagraph C above, and administer said Trust property for
the use and benefit of said living issue. When said youngest living issue reaches the age of
Signed by Testator/Testatrix: __________________________________ - 3 -
_____[39]______ years, the Trust as to said living issue shall terminate and the Trustee shall
distribute all of the remaining Trust property in equal shares to said living issue. In the event of
the death of any of the above named Beneficiaries prior to the final date of distribution and
said deceased Beneficiaries leave no living issue, then that portion of the Trust property to be
distributed to the deceased Beneficiaries as provided for in Subparagraph C above, shall
instead be distributed to the surviving Beneficiaries in equal shares.
E.
Personal and real property may be maintained for my Beneficiaries or converted to cash as my
Trustee shall determine. I direct that my Trustee administer hereunder any funds coming into
the hands of my Beneficiaries pursuant to any life insurance policy insuring my life.
ARTICLE EIGHT
Creditors of Beneficiaries
Neither the principal nor the income of any Trust provision contained in this Will nor any part of
same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject
to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any power
to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her
interest in the Trust fund, nor any part of same nor the income produced from said fund nor
any part of same.
ARTICLE NINE
Appointment of Trustee
I appoint ______[40]_________ , or if the appointee fails to qualify or cease to act, I appoint
______[41]_________ , as Trustee of the Trust provisions of this Will to serve in said capacity
with all the powers during the administration of the Trust as are granted to Trustees under
Utah law including the power to sell any of the real or personal property of the Trust for cash or
on credit or to mortgage it or to lease it, all to be exercised without Court order. The Trustee
named herein shall also have all powers as are granted to my Personal Representative under
the provisions of this Will during the administration of this private Trust.
ARTICLE TEN
Appointment of Guardian
I appoint _________[42]___________ , as Guardian of my minor children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________[43]________________ , as Personal Representative of my
estate and this Will. In the event my Personal Representative shall predecease me, or, for any
reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby
appoint ______________[44]_______________ to serve as successor Personal
Representative of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and include
“Personal Representative”, “Executor” or “Executrix”.
ARTICLE TWELVE
Signed by Testator/Testatrix: __________________________________ - 4 -
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without any
bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE THIRTEEN
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration of my
Estate, without the necessity of Court approval. I grant unto my Personal Representative, all
powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Utah and to the extent not prohibited by the laws of Utah, the following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Utah.
2. To compromise claims and to abandon property which, in my Executor’s opinion is
of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or
other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death.
I authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or titleholder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or
other entity.
5. To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
Signed by Testator/Testatrix: __________________________________ - 5 -
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them
and to partite and to distribute property of the estate or trust in kind or in undivided interests,
and to determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution, redemption,
or similar proceedings involving assets comprising my estate or any trust created hereunder,
and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate
or income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefor
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE FOURTEEN
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
Signed by Testator/Testatrix: __________________________________ - 6 -
favor of survival.
ARTICLE FIFTEEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the State of
Utah.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
_________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s
portion of my estate shall be diminished by the amount of such debt.
__________Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive such real
property and not paid by my Personal Representative.
_________ I desire to be buried in the _______[48]___________ cemetery in
_______[49]___________ County, ____________[50]_________________ .
_________ I direct that my remains be cremated and that the ashes be disposed of according
to the wishes of my Executor.
I, ___________[51]___________ , having signed this Will in the presence of
_________________________________ and _____________________________ who
attested it at my request on this the _____ day of _______________, 20 ____ at
_____________________________________________________address), declare this to be
my Last Will and Testament.
________________________________
Testator/Testatrix
The above and foregoing Will of ___________[52]__________________ (name of
testator/testatrix) was declared by ___________[53]__________________ (name of
testator/testatrix) in our view and presence to be his/her Will and was signed and subscribed
by the said ____________[54]_________________ (name of testator/testatrix) in our view and
presence and at his/her request and in the view and presence of
_____________[55]_____________ (name of testator/testatrix) and in the view and presence
of each other, we, the undersigned, witnessed and attested the due execution of the Will of
____________[56]_________________ (name of testator/testatrix)on this the _____day of
___________________, 20__.
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ____________________________________
________________________________________ ___________________________________________
Signed by Testator/Testatrix: __________________________________ - 7 -
Telephone No. ___________________________ Telephone No.
_______________________________
Signed by Testator/Testatrix: __________________________________ - 8 -
Utah Self Proving Affidavit
I, ______________________________________, the testator/testatrix, sign my name to this
instrument this ____ day of _________________, 20___ and being first duly sworn, do hereby declare to
the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly,
that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of
age or older, of sound mind, and under no constraint or undue influence.
_______________________________________
Testator/Testatrix
We, _______________________________ and _______________________________, the
witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the
undersigned authority that the testator/testatrix signs and executes this instrument as [his] [her] will and
that [he] [she] signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix,
hereby signs this will as witness to the testator's/testatrix's signing, and that to the best of our knowledge
the testator/testatrix is 18 years of age or older, of sound mind, and under no constraint or undue
influence.
_______________________________________
Witness
_______________________________________
Witness
State of Utah
County of ________________
Subscribed, sworn to and acknowledged before me by
__________________________________, the testator/testatrix, and subscribed and sworn to before me
by _______________________________, and _____________________________, witnesses, this ____
day of ________________, 20__.
_______________________________________
Notary Public
My Commission expires:
______________________
Utah Self-Proving Affidavit Form
LAST WILL AND TESTAMENT OF
_________________[1]__________________
BE IT KNOWN THIS DAY THAT,
I, ____________[2]_________________ , of _______[3]___________ County, Utah, being of
legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my
Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am not married. I reside with _____________[4]________________ . I am a parent of the
following minor children:
Name Date of Birth
______________[5]_______________ _______[6]___________
______________[7]_______________ _______[8]___________
______________[9]_______________ _______[10]___________
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation
or any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
Signed by Testator/Testatrix: __________________________________ - 1 -
[17] [18]
[19]
[20] [21]
Property: [22]
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the bequest to
such person shall lapse and the property shall pass under the other provisions of this Will. In
the event that I do not possess or own any property listed above on the date of my death, the
bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to:
(select and complete only one)
_____________[29]________________
OR
_____________[30]________________ , my children, equally, per stirpes.
If the person or persons, does not survive me, then my homestead or primary residence shall
pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may
have an interest at the date of my death and which is not otherwise effectively disposed of, to:
(select and complete only one)
_____________[31]________________
OR
_____________[32]________________ , my children, equally, per stirpes.
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that the person I name in Article Five shall predecease me, if other than my
children are named, I will, devise, bequeath and give all the rest and remainder of my property
and estate of every kind and character, including, but not limited to, real and personal property
in which I may have an interest at the date of my death and which is not otherwise effectively
Signed by Testator/Testatrix: __________________________________ - 2 -
disposed of (“Residuary Estate”), to my children ____________[33]_________________ and
____________[34]_________________ and ____________[35]_________________ ,
equally, per Stirpes. If one of my children shall predecease me, then the equal share set apart
for that deceased child shall instead be distributed to his or her descendants, per stirpes. If
one of my children shall predecease me leaving no descendants surviving, then the equal
share set apart for that deceased child shall instead be distributed to my other child, or if that
child has also predeceased me, then to his or her descendants, per stirpes.
ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that any of my children are under the age of _____[36]_____ years of age, and
they receive property under this will, then I direct that my Personal Representative shall
transfer, assign and deliver over to my Trustee, named below, such Beneficiary’s share of my
estate and the objects of property described herein. I direct my Trustee to hold said
Beneficiaries share of my estate on the following terms and conditions:
A.
The Trustee shall hold and administer the assets of the Trust for the use and benefit of the
Beneficiaries for the purpose of providing for their health, education and general welfare in
accordance with their accustomed standard of living as much as is possible, considering the
value of the Trust property and their other sources of income.
B.
The Trustee, may in his or her discretion, distribute to or for the benefit of the named
Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her
sole discretion shall determine to be necessary to accomplish the purposes of this Trust. The
Trustee may make such distributions as often or as seldom as he or she may determine in his
or her sole discretion without the necessity of any court authority or approval, this being a
private trust.
C.
As each Beneficiary herein reaches the age of _____[37]______ years, the Trustee shall
distribute to said beneficiary his or her share of the trust principal and income as of the
distribution date. When the youngest Beneficiary reaches the age of _____[38]______ years,
the Trustee shall distribute all of the remaining Trust property including principal and
accumulated income to the Beneficiary and this Trust shall terminate. In making said
distributions, the Trustee may make distributions in kind and shall have the sole discretion as
to valuation of the Trust property in determining and apportioning distributions among the
Beneficiaries.
D.
In the event of the death of any of the above named Beneficiary prior to the final date of
distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only
that portion of the Trust property attributable to said deceased Beneficiary beyond the
distribution dates as provided in Subparagraph C above, and administer said Trust property for
the use and benefit of said living issue. When said youngest living issue reaches the age of
Signed by Testator/Testatrix: __________________________________ - 3 -
_____[39]______ years, the Trust as to said living issue shall terminate and the Trustee shall
distribute all of the remaining Trust property in equal shares to said living issue. In the event of
the death of any of the above named Beneficiaries prior to the final date of distribution and
said deceased Beneficiaries leave no living issue, then that portion of the Trust property to be
distributed to the deceased Beneficiaries as provided for in Subparagraph C above, shall
instead be distributed to the surviving Beneficiaries in equal shares.
E.
Personal and real property may be maintained for my Beneficiaries or converted to cash as my
Trustee shall determine. I direct that my Trustee administer hereunder any funds coming into
the hands of my Beneficiaries pursuant to any life insurance policy insuring my life.
ARTICLE EIGHT
Creditors of Beneficiaries
Neither the principal nor the income of any Trust provision contained in this Will nor any part of
same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject
to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any power
to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her
interest in the Trust fund, nor any part of same nor the income produced from said fund nor
any part of same.
ARTICLE NINE
Appointment of Trustee
I appoint ______[40]_________ , or if the appointee fails to qualify or cease to act, I appoint
______[41]_________ , as Trustee of the Trust provisions of this Will to serve in said capacity
with all the powers during the administration of the Trust as are granted to Trustees under
Utah law including the power to sell any of the real or personal property of the Trust for cash or
on credit or to mortgage it or to lease it, all to be exercised without Court order. The Trustee
named herein shall also have all powers as are granted to my Personal Representative under
the provisions of this Will during the administration of this private Trust.
ARTICLE TEN
Appointment of Guardian
I appoint _________[42]___________ , as Guardian of my minor children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________[43]________________ , as Personal Representative of my
estate and this Will. In the event my Personal Representative shall predecease me, or, for any
reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby
appoint ______________[44]_______________ to serve as successor Personal
Representative of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and include
“Personal Representative”, “Executor” or “Executrix”.
ARTICLE TWELVE
Signed by Testator/Testatrix: __________________________________ - 4 -
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without any
bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE THIRTEEN
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration of my
Estate, without the necessity of Court approval. I grant unto my Personal Representative, all
powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Utah and to the extent not prohibited by the laws of Utah, the following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Utah.
2. To compromise claims and to abandon property which, in my Executor’s opinion is
of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or
other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death.
I authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or titleholder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or
other entity.
6. To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
Signed by Testator/Testatrix: __________________________________ - 5 -
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them
and to partite and to distribute property of the estate or trust in kind or in undivided interests,
and to determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution, redemption,
or similar proceedings involving assets comprising my estate or any trust created hereunder,
and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate
or income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefor
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE FOURTEEN
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
5. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
6. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
7. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
8. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
Signed by Testator/Testatrix: __________________________________ - 6 -
favor of survival.
ARTICLE FIFTEEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the State of
Utah.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
_________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s
portion of my estate shall be diminished by the amount of such debt.
__________Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive such real
property and not paid by my Personal Representative.
_________ I desire to be buried in the _______[48]___________ cemetery in
_______[49]___________ County, ____________[50]_________________ .
_________ I direct that my remains be cremated and that the ashes be disposed of according
to the wishes of my Executor.
I, ___________[51]___________ , having signed this Will in the presence of
_________________________________ and _____________________________ who
attested it at my request on this the _____ day of _______________, 20 ____ at
_____________________________________________________address), declare this to be
my Last Will and Testament.
________________________________
Testator/Testatrix
The above and foregoing Will of ___________[52]__________________ (name of
testator/testatrix) was declared by ___________[53]__________________ (name of
testator/testatrix) in our view and presence to be his/her Will and was signed and subscribed
by the said ____________[54]_________________ (name of testator/testatrix) in our view and
presence and at his/her request and in the view and presence of
_____________[55]_____________ (name of testator/testatrix) and in the view and presence
of each other, we, the undersigned, witnessed and attested the due execution of the Will of
____________[56]_________________ (name of testator/testatrix)on this the _____day of
___________________, 20__.
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ____________________________________
________________________________________ ___________________________________________
Signed by Testator/Testatrix: __________________________________ - 7 -
Telephone No. ___________________________ Telephone No.
_______________________________
Signed by Testator/Testatrix: __________________________________ - 8 -
Utah Self Proving Affidavit
I, ______________________________________, the testator/testatrix, sign my name to this
instrument this ____ day of _________________, 20___ and being first duly sworn, do hereby declare to
the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly,
that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of
age or older, of sound mind, and under no constraint or undue influence.
_______________________________________
Testator/Testatrix
We, _______________________________ and _______________________________, the
witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the
undersigned authority that the testator/testatrix signs and executes this instrument as [his] [her] will and
that [he] [she] signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix,
hereby signs this will as witness to the testator's/testatrix's signing, and that to the best of our knowledge
the testator/testatrix is 18 years of age or older, of sound mind, and under no constraint or undue
influence.
_______________________________________
Witness
_______________________________________
Witness
State of Utah
County of ________________
Subscribed, sworn to and acknowledged before me by
__________________________________, the testator/testatrix, and subscribed and sworn to before me
by _______________________________, and _____________________________, witnesses, this ____
day of ________________, 20__.
_______________________________________
Notary Public
My Commission expires:
______________________
Utah Self Proving Affidavit
