Are Handwritten Wills Valid in California?
While most people have typed wills, handwritten wills – also known as holographic wills – remain in use in California. Often, people use holographic wills when they want to draft their wishes quickly or informally, either because they don’t believe their estate is of sufficient size to require a more formal estate plan or want a temporary document in place before they create a more formal estate plan. If you are an executor who has been chosen to probate the estate of someone who left behind a handwritten will, you may have concerns about its validity. So, are handwritten wills valid in California? California does allow for handwritten wills. However, such a document must meet certain legal requirements to be upheld in probate court.
Defining a Holographic Will
A holographic will is one that is handwritten and has the testator’s signature. This type of will does not require witnesses. Because of this, holographic wills can present unique challenges during the probate process. In the United States, only certain states consider this type of will valid when it meets specific validity requirements. California is one of the states that accepts holographic wills if they meet specific validity requirements.
California Requirements for a Valid Handwritten Will
According to California law, a handwritten will can be considered legally valid even if it is not witnessed or notarized as long as it meets a few essential criteria. In California, even if a will is written on a printed, do-it-yourself will form, it may still be valid. According to California Probate Code Section 6111, for a handwritten will to be considered valid, it must be entirely, or at least substantially, written in the testator’s handwriting. The testator is the individual creating the will. The will must also be signed by the testator.
California Probate Code Section 6111 further states that a holographic that does not contain a statement indicating the date it was created can be contested on the ground that it is contradicted by another will that has a date. Such a will can also be contested on the ground that the testator lacked testamentary capacity at the time of its execution. Including a date in a handwritten will can help establish its validity and priority over other conflicting documents. A date also offers a reference point for evaluating the testator’s mental competency at the time of the will execution.
Common Legal Disputes and Challenges
Despite their legality, holographic wills can lead to challenges and disputes. For example, text may be illegible, resulting in difficulties interpreting the document. Also, important things may be overlooked since these documents are usually prepared without legal guidance. Sometimes, questions of whether the testator had the mental capacity to create the will or whether the handwriting is authentic might arise. Such disagreements can lead to prolonged court battles, especially in cases involving significant assets.
If a loved one has left behind a handwritten will and you are concerned about its validity or some family members claim it is invalid, it is wise to consult a probate attorney. A skilled attorney can help ensure the testator’s true intentions are honored while still protecting the rights of everyone involved.
Contact the Probate Guy
For legal help, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
law.cornell.edu/wex/holographic_will
