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Is a non-witnessed holographic will valid in California?

Is a non-witnessed holographic will valid in California?

Q: Does a holographic will need to be witnessed in California?

No, a holographic will does not need to be witnessed in California. As long as it is in the testator's handwriting and includes their signature, it can be valid without witnesses (Cal. Prob. Code § 6111).

Q: Do you need witnesses for a holographic will in California?

No, witnesses are not required for a holographic will in California. The will must be in the testator's handwriting and signed by them to be considered valid (Cal. Prob. Code § 6111).

Q: What makes a holographic will invalid?

A holographic will may be deemed invalid if it lacks the testator's signature, is not entirely in their handwriting, or if the testator lacked testamentary capacity at the time of execution. Additionally, conflicting provisions with another will can also affect its validity (Cal. Prob. Code § 6111).

Q: Is a handwritten will valid without a witness?

Yes, a handwritten will can be valid without a witness in California, provided it meets the requirements of being in the testator's handwriting and includes their signature (Cal. Prob. Code § 6111).

Full question:

Is a non-witnessed holographic will valid in California ?

Category: Wills and Estates
Date: 04/07/2025
State: California

Answer:

In California, a holographic will can be valid even if it is not witnessed, as long as it meets certain criteria. According to California Probate Code Section 6111, a holographic will is valid if both the signature and the material provisions are in the testator's handwriting. This means that the will does not need to be witnessed to be considered valid.

However, if the holographic will does not include a date of execution, it may lead to complications regarding its validity, especially if there are conflicting provisions with another will. If it can be shown that the testator lacked testamentary capacity at any time during which the will might have been executed, the will may also be deemed invalid unless it can be proven that it was executed when the testator had capacity.

Additionally, extrinsic evidence can be used to determine whether a document constitutes a will or to clarify its meaning (Cal. Prob. Code § 6111.5).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Which of the following is a requirement of a holographic will?

A holographic will must be in the testator's handwriting and include their signature. The material provisions of the will must also be written by the testator. This ensures that the will reflects the testator's intentions without needing witnesses (Cal. Prob. Code § 6111).