Legal Question in Wills and Trusts in California

A testamentary instrument -- one that is intended to be effective after death -- must be witnessed by two adults. Neither witness needs to be a lawyer.

A will has to be attested, unless it is a holographic will. A holographic will in California is a will in which all of the material provisions, and the signature are in the handwriting of the testator. (Prob. Code, sect. 6111.)

If the trust is an intervivos trust, and the subject matter is real property, the trust instrument must be in writing and signed by the trustor. An inter vivos trust may also be created by a transfer of property from the settlor, or trustor, during his lifetime.

A testamentary trust, however, is created by a will, so in that case, the actual will that creates the testamentary trust must be attested, by the signature of two witnesses to be validly created.