QUESTION
What is the result if the will is probated?
Asked on Nov 28th, 2013 on Estate Planning - California
More details to this question:
A pre-printed form was used to execute a will in the testator's own handwriting. The will was signed, dated and its testamentary provisions were in the decedents' handwriting. However, the attestation portion (requiring signatures of witnesses) was not completed. Under old case law, California required a holographic will be entirely in the decedents writing. However in 2008 the probate code was amended to permit the use of pre-printed form wills, signed and dated by the decedent. One can still argue that the attestation portion, left uncompleted, shows that this was not intended to be the decedents will.
3 ANSWERS
Edwin K. Niles
Prob. Code 6221: Each witness shall observe the Testator's signing and each witness shall sign his or her name in the presence of the testator.
Answered on Dec 03rd, 2013 at 10:47 AM
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You definitely should consult an experienced probate attorney in your area. The probate code in California does allow unwitnessed wills even preprinted unwitnessed wills, provided that clear evidence can be presented showing that the testator intended the will to be his/her will.
Answered on Dec 03rd, 2013 at 10:46 AM
2 Awards
It is possible but more than anything you need additional proof (other than just the fact that the attestation clause was not completed) to support your claim.
Answered on Dec 03rd, 2013 at 10:45 AM