How to Change or Revoke a Will in Utah: Codicils, New Wills, and What Not to Do

General information, not legal advice. Read the full disclaimer.

Short answer: Under Utah Code § 75-2-507, a will (or part of it) is revoked (a) by executing a later will that revokes the earlier will expressly or by inconsistency, or (b) by a revocatory act — burning, tearing, canceling, obliterating or destroying the will or any part of it — done with the intent and for the purpose of revoking it, either by you or by another person in your conscious presence and at your direction. A later will that makes a complete disposition of your estate is presumed to replace the earlier one; a later will that doesn't completely dispose of your estate is presumed to supplement it, revoking the earlier will only where the two conflict.

Who this guide is for

Utahns who want to change their will after a marriage, divorce, birth, death or move — or who found an old will and aren't sure it is still valid.

Ways to change a will

1. Write a new will that says it revokes all earlier wills. This is the cleanest approach.
2. Add a codicil. A codicil is a written amendment that must be signed and witnessed with the same formalities as a will. See Utah Will Requirements. A new will is often simpler and less confusing than a codicil, especially for big changes.
3. Revoke by act. Physically destroying the will with the intent to revoke it revokes it; if someone else destroys it for you it must be in your conscious presence and at your direction.

What a later will does to an earlier one (§ 75-2-507)

• If the later will expressly revokes the earlier one, it is revoked.
• If it doesn't say so but conflicts, the earlier will is revoked by inconsistency if you intended the later will to replace it.
• If the later will makes a complete disposition of your estate, the law presumes you meant it to replace the earlier will unless clear and convincing evidence shows otherwise.
• If it does not make a complete disposition, the law presumes you meant it to supplement the earlier will, which stays in force except where inconsistent.

Marriage, divorce and other changes

As a general rule, a change of circumstances does not revoke a will — except as provided in §§ 75-2-803, 75-2-804 and 75-2-807 (§ 75-2-508). The main exception is divorce or annulment: unless the document, a court order or a marital contract says otherwise, § 75-2-804 revokes revocable provisions in your will, trust, beneficiary designations and similar instruments (made before the divorce) in favor of your former spouse and the former spouse's relatives, revokes nominations of the former spouse as personal representative, trustee, agent or guardian, and converts joint-tenancy-with-survivorship property into a tenancy in common. A decree of separation that doesn't end the marriage is not a divorce for this purpose. Don't rely on the automatic rules alone: update your documents after a divorce and tell the people who hold them. See Utah Divorce and Retirement Accounts.

Common mistakes

• Writing on the original will (crossing out names or adding handwritten changes) can have unintended effects and may not be valid as an amendment; use a new will or a properly executed codicil.
• Leaving old copies around. If an earlier will is later found, there can be a dispute about which controls; destroy superseded originals only when sure of the replacement.
• Forgetting nonprobate assets. A will doesn't change beneficiary designations, joint ownership or a TOD deed — a will can't revoke a TOD deed. See Utah Transfer on Death Deeds.
• Changing your will without capacity or under pressure. The capacity to make a will is a legal standard, and undue influence can invalidate changes. See Contested Probate in Utah.
• Not telling your personal representative where the original is.

What if there's no will?

Property passes under intestacy. See Utah Intestate Succession. A trust may be an alternative. See How to Create a Living Trust in Utah.

Frequently asked questions

Can I change my will without a lawyer?

Yes, if you follow Utah's execution requirements; a lawyer is wise for complex situations.

Does tearing up my will revoke it?

A revocatory act with the intent to revoke does, but if you want a different plan, make a new will first.

Does a new will automatically cancel an old one?

A will that makes a complete disposition of your estate is presumed to replace the earlier one.

Does a divorce cancel my will?

Under § 75-2-804, divorce or annulment generally revokes gifts and nominations in favor of the former spouse (and the spouse's relatives) in documents made before the divorce, unless the document or a court order says otherwise; the rest of the will stays in effect. Update your documents anyway.