Legal Question in Wills and Trusts in California
contest a will
Can a handwritten will be valid and be brought to the court judge to show this is what the decedent wanted, but she passed away before she could sign it and was not notarized? Based on her letter she started with �I, (her fullname), write down my own living trust to make an important move to protect my own interest not his (fullname) own desires and wishes�� is this enough to contest a will?
2 Answers from Attorneys
Re: contest a will
You generally do not have to notarize a holographic (handwritten) will. You do, however, have to sign and date it under California Law. However, you can submit it to probate, there is just no guarantee a judge will accept it. If you are using this handwritten instrument to argue against a presumably valid will, then you are going to have a really tough time validating this.
Re: contest a will
My guess, without reading the will, is that it may well be valid! Wills no longer need to be dated!! I just won at the trial court level a case where the handwritten will was not "signed" in the traditional sense and not dated. The case is now on appeal, and I again expect to win.
I strongly advise you to seek a knowledgeable attorney to assist you. I have done very extensive research on this topic and would be willing to help.
Sincerely,
Kai H. Wessels, Esq.
(877-Wessels)
ps: Any opinion or "guess" within this email is NOT intended to be legal advice upon which the reader can rely.