Creating a valid will is essential to ensure your wishes are legally enforceable and honored after your passing. In this blog, we provide clarity on the requirements for valid wills in California, including statutory requirements and the unique aspects of holographic wills.
Statutory Requirements for Valid Wills
For a will to be considered valid by the court, it must meet the following requirements:
- Legal Capacity: The testator (person making the will) must be of sound mind and at least 18 years old.
- Intent: The testator must intend for the document to serve as their will, outlining how their property and assets should be distributed after death.
- Witnesses: In California, a valid will typically requires two witnesses who witness the testator signing the will or acknowledge the testator’s signature in their presence. Witnesses must also sign the will.
- Signature: The testator must sign the will, or another person may sign the will at the testator’s direction and in their presence.
- Attestation Clause: While not required, including an attestation clause stating that the witnesses observed the testator’s signing can strengthen the will’s validity.
What Is a Holographic Will?
A holographic will is a will entirely handwritten and signed by the testator. It does not require witnesses but must be entirely in the testator’s handwriting. You should be aware of the following details concerning handwritten wills:
- Requirements: For a holographic will to be valid in California, it must clearly identify the testator’s intent, be dated, and be signed by the testator. While witnesses are not required, it’s advisable to ensure clarity and avoid disputes.
- Enforceability: Holographic wills can be contested if their authenticity, the testator’s capacity, or intent is questioned. They may also face challenges regarding interpretation and compliance with legal standards.
Consequences of Having an Invalid Will
Understanding the requirements for valid wills in California, including statutory and holographic options, is crucial for effective estate planning. The implications of having an invalid will can be far-reaching and deeply impactful for families.
When a will is deemed invalid, the estate becomes subject to intestate succession laws, which means your assets will be distributed without consideration of your wishes. This can result in estranged relatives receiving an inheritance while friends and cherished charitable causes are left with nothing. Also, the invalidation of a will can lead to significant delays in settling your estate, which prevents beneficiaries from accessing needed funds while simultaneously incurring mounting legal expenses.
Trust Our Estate Planning Attorneys to Help You Draft a Legal Will
At OC Trial Group, our team offers counsel to those seeking to draft and validate wills. We want you to have peace of mind, knowing that your wishes will be honored. Whether you’re creating a traditional or holographic will, updating an existing will, or navigating estate planning complexities, our dedicated team is here to assist you.