Holographic Wills Explained

A will that is not witnessed according to the statutory requirements contained in California Probate Code §6110 may still be valid if:

1)   “the material provisions” of the will are in the handwriting of the person creating the will; and,

2)   it is signed by the person creating the will.

While not strictly a requirement, dating a holographic will is very important because a dated will may be presumed to be the last will – i.e. the valid will that will be enforced.

Lastly, typically a “form will” like the ones found at an office supply store could be a valid holographic will if the “material provisions” are in the handwriting of, and it is signed by, the person who is preparing his or her will.

DO NOT EVER TYPE INTO COMMERICALLY AVAILABLE FILL IN THE BLANK FORMS!!!!!!!!!!

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