![]() There is no requirement that the signature needs to be at the end of the document. …” What Is the Signature Requirement For A California Holographic Will?įor a holographic will to be valid, the signature and the material provisions must be in the handwriting of the testator. …” ’ ‘ “Substantial compliance with the statute, and not absolute precision is all that is required. 883.) The high court affirmed “ ‘ “the tendency of both the courts and the Legislature … toward greater liberality in accepting a writing as an holographic will. Section 6111.5 of the California Probate Code provides that “xtrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear.”Ĭalifornia courts lean toward favoring the validity of handwritten holographic wills.Īs the Supreme Court observed in Estate of Black, supra, 30 Cal.3d 880, HN4 “ ‘he policy of the law is toward “a construction favoring validity, in determining whether a will has been executed in conformity with statutory requirements”. In order to prove that a handwritten holographic will is valid, proof of its authorship and authenticity, and whether the words establish that it was intended to be the testator’s last will and testament at the time it was written must be presented. How Do You Prove That A Handwritten Holographic Will Is Valid? No, under California law a handwritten holographic will does not need to be witnessed. ![]() The signature on the document must belong to the testator.ĭoes A Holographic Will Have To Be Witnessed?.The handwriting must be the testator’s. ![]() The testator must have had testamentary capacity when they drafted the document.It must be clear that the testator intended the document to serve as their will.In sum, there are four requirements for a valid handwritten holographic will in California: (c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s own handwriting or as part of a commercially printed form will. (2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity. (1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will. (b) If a holographic will does not contain a statement as to the date of its execution and: (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. California’s holographic will statute, section 6111 of the California Probate Code, states: What Is A Holographic Will?Ī holographic will is a will written in the testator’s handwriting and signed by the testator. Yes, handwritten or “holographic” wills are valid in California. ![]()
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