A last will and testament is crucial for managing and distributing your assets after you pass away. That said, a lot of people avoid creating their wills since it's often associated with older people who are retiring, married, and have children.
However, our prescreened Estate Planning Attorneys in Los Angeles always advise that you create a last will and testament even if you're young, unmarried, or don't have children. After all, you don't know what could happen in the future, so having things in writing ensures that your wishes are met even after you pass away.
Sometimes, people make holographic wills either as a placeholder or as something done at the last minute. While they could be considered a valid document, there might be some problems depending on how it was written.
So, let's look at how holographic wills work and how they're dealt with in California estate law:
A Quick Intro To Holographic Wills In California
In California, a handwritten will is also referred to as a "holographic" will. A handwritten will may be enforceable in California provided it contains the testator's signature and other "material clauses" in their own handwriting, according to California Probate Code Section 6111.
A handwritten will does not always need to be witnessed, unlike other types of wills that call for witnesses to the signature.
Are They Valid Last Will And Testament Documents In California?
However, before creating a handwritten will, you should be aware that there are additional essential prerequisites for creating a last will and testament, such as the requirement that the individual making the will be at least 18 years old and possess "mental capacity."
Additionally, the testator must know what the "material provisions" of their will are in order to write them down in the testator's own handwriting as required by the Probate Code.
Additionally, bear in mind that, particularly if you own a property, a will by itself could not be sufficient to escape the probate court procedure after death.
Can Wills Be Questioned In California?
In California, there are four legal reasons for contesting a will. This includes the following:
1. Testamentary Capacity
In a will, the existence of testamentary capacity may be contested. This suggests that the person who wrote the will may have been incapable of writing a will due to their disability. Incapacitation would indicate that the person could not make decisions, particularly those as important as drafting a will.
2. Undue Influence
This happens when there is suspicion that it was created or executed in questionable circumstances. For instance, the will testator was not acting freely due to compulsion or undue influence, which typically refers to someone else using dishonest means to get what they desired.
3. Improperly Signed Will And Testament
A will that was not properly signed could be contested. To be legally binding in California, a will must be signed in writing by the testator and two adults who have no claim to the estate or benefits.
As mentioned, this might not apply in holographic wills. Still, the ambiguity of handwritten wills can make it hard to decipher such.
4. Fraud
If it is believed that fraud was done during the will-writing process, a will may also be challenged. For example, when a testator signed a will under duress or included terms that weren't intended, this is called fraud. For instance, despite being informed that the document was not a will, the testator might have been asked to sign it.
Hire Top Rated Estate Planning & Probate Lawyers in Los Angeles Near You
If you have any concerns regarding creating a will, figuring out whether a will is legitimate, avoiding probate, or allocating assets and inheritance, get in touch with a prescreened Estate Planning Lawyer in Los Angeles to discuss these crucial topics.
1000Attorneys is a State of California Certified Estate Planning Lawyer Referral Service that can refer you to a prescreened California lawyer in minutes. Contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
0 Comments