Can You Write Your Own Will in Utah?

Robert M. HenriksenProbate and Estate Planning

If you are wondering if you can write your own will in Utah, you are not alone. Plenty of people ask this question, and for good reason. Everyone should have a will or other estate planning document. You should, too. However, we think itโ€™s important that you understand the benefits of using an estate planning lawyer to write your will. While you can do it on your own, itโ€™s better to get the help of a professional.

Should You Write Your Own Will in Utah?

The short answer to this question is, โ€œIt depends.โ€ If you have a very simple estate โ€“ like if you donโ€™t have a lot of money, donโ€™t own a home, and have only a few assets โ€“ you could write your own will. But the more complicated your estate, the more you should talk to an estate planning attorney. Here are a few things to consider about writing your own will:

1. You could make a mistake that has big consequences.

If you donโ€™t have the correct legal training and experience, there is a risk that you could write a will that isnโ€™t legally binding. With a poorly-written will, itโ€™s possible that someone could contest it successfully. They could try to fight the will with their own attorney and they could win. Thatโ€™s why itโ€™s so important to write a will correctly โ€“ which is what an estate planning lawyer does.

2. Your will could be misinterpreted and lead to outcomes you donโ€™t want.

Legal writing is often confusing and difficult to understand for the average person. However, if it is done right, legal writing is excellent for communicating with other legal professionals. It helps prevent misunderstandings. When a court reviews the document, they will understand exactly what your wishes were.  

On the other hand, writing a will on your own could lead to misinterpretation. It may seem clear to you, but it could be unclear to the court. That could lead to the court deciding in ways that you would not have wanted.

3. An attorney will adhere to all state laws.

When you write your own will in Utah, you must adhere to all state laws for the will to be considered legally binding. If you miss something, the will could be no good. Your lawyer will make certain that the will follows all state requirements.

Want to Write Your Own Will in Utah? Let Us Help!

Itโ€™s a good thing you are thinking about writing a will. Far too many people put this important task off until itโ€™s too late.

Let us help with your estate planning needs. We can help you understand what options are best for your situation. Give us a call at (801) 521-4145 or fill out our secure online contact form to get started. We are standing by to answer your questions!

Robert M. Henriksen

Robert M. Henriksen is a third-generation trial attorney and personal injury lawyer at Henriksen & Henriksen in Salt Lake City, Utah. He has been practicing law since 2006 and focuses on serious injury and wrongful death cases. Rob is a member of the Utah State Bar and has represented clients in complex litigation involving auto accidents, trucking collisions, and insurance disputes.

With a reputation for personal service and courtroom readiness, Rob brings over 15 years of hands-on legal experience to every case. He earned his J.D. from the University of Utah S.J. Quinney College of Law and is committed to helping Utah families recover the compensation they deserve after life-changing injuries.

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