Will Litigation Attorney in Ogden

Practical Support for Families Facing a Will Dispute

When you face a contested will, uncertainty and questions can become overwhelming. Many families in Ogden wonder if their loved one’s wishes will be respected, how the probate process truly works, and what steps to take when disagreements arise. At Stevens & Gailey, PLLC, our will litigation attorneys know this experience touches not only legal rights but also family relationships and legacies.

We bring over 30 years of combined experience serving families in Ogden and the surrounding area with will litigation, probate disputes, and estate matters. By providing practical advice and personal attention, we make sure our clients always know what is happening with their case and why. When you work with our team, you benefit from a supportive, approachable, and proactive group of attorneys focused on your goals.

Don't let a family disagreement jeopardize your financial future. Contact an experienced will litigation attorney in Ogden at Stevens & Gailey, PLLC today. Call us now at (801) 761-2124 or reach out online to schedule your confidential consultation.

Understanding Will Litigation Laws in Utah

Will litigation in Utah primarily takes place within the state's probate courts. It refers to any formal legal challenge to the validity of a document purporting to be a person's Last Will and Testament. This is governed largely by the Utah Uniform Probate Code (Title 75 of the Utah Code).

Our firm regularly handles cases involving various grounds for contesting a will. Understanding the legal definitions and requirements under Utah law is the first step in building a strong defense or challenge.

A will can be challenged—or contested—in Utah only on specific, legally recognized grounds. It is not enough to simply disagree with the terms of the will. The party challenging the will must prove one or more of the following:

• Lack of Testamentary Capacity: The deceased (Testator) did not have the mental ability to understand the nature of the act (signing a will), the extent of their property, and the natural objects of their bounty (who they were leaving their property to) at the time they executed the will. This is a common claim handled by an Ogden will litigation lawyer.
• Undue Influence: The Testator was subjected to improper pressure or coercion by another person, which overcame their free agency and caused them to sign a will that they otherwise would not have executed. The challenger must show a confidential relationship, suspicious circumstances, and the influencer’s active involvement in procuring the will.
• Fraud: The will was procured through misrepresentation. This could involve fraud in the execution (e.g., tricking the Testator into signing a document they thought was something else) or fraud in the inducement (e.g., making false statements to the Testator to get them to change the beneficiaries).
• Improper Execution: The will failed to meet the formal requirements under Utah Code $§ 75-2-502$. Generally, a valid will must be in writing, signed by the Testator, and signed by at least two witnesses, each of whom witnessed the signing of the will by the Testator.

Differentiating Will Contests from Trust Litigation

While often related, a will contest is legally distinct from trust litigation. A will challenge disputes the validity of the will document itself, while trust litigation typically involves disputes over the terms, administration, or trustee’s duties related to a trust agreement. Our firm is equally skilled at managing both, but it is important to know which legal instrument is being challenged to apply the correct Utah statutes.