Holographic Wills in California

What's a holographic will? It's a will that's entirely handwritten, signed, and dated by the testator (the testator is the one who makes or has made a will or the one who dies leaving a will).  There can be no typewritten or pre-printed portions. Such wills are valid in California as long as they meet the requirements listed in California Probate Code Section 6111. Holographic wills must include a complete distribution of assets. Sound simple? Here are some pitfalls:

• Available tax credits may be overlooked by the testator;
• The will may be incomplete or have an incorrect disposition of assets. Assets not included in the will may be distributed according to state law;
• The testator must have testamentary capacity when writing the will;
• The will may be ambiguous. Although the intended meaning may have been clear to the testator, those reading the will may be confused as to its meaning and the testator's intentions.

Need a lawyer to help prepare for the "unknowns" in life? Contact the Santa Barbara County Bar Association.