Legal Question in Wills and Trusts in California

Re: holographic will

Thank you for your question. The �catch all� clause in a will that disposes the assets not specifically mentioned in the will is called a residuary clause. If a will fails to have a residuary clause, then those assets are distributed by state statutes (intestate statutes) which generally give the assets to the closest heirs. Handwritten wills (holographic wills) and typed wills are treated the same, with the main difference being that typed wills need to be witnessed, while handwritten wills do not. One argument that can be made so that the court will look at the prior typed will is if the handwritten will is viewed simply as a modification (codicil) to the typed will. Then the typed will provisions should apply to the extent they are not in conflict with the handwritten will provisions. However, from the little information you provided, it seems that this argument is weak as it appears that the handwritten will is intended to be a complete and independent will.

I strongly recommend that you seek the advice of a professional attorney in your area who can further assist you. If you want to contact me, do not hesitate to call me at (408) 268-2580.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances.

Re: holographic will

Have an attorney analyze the will--as you state, the real question is whether "money" includes money market accounts, T-bills, etc., plus who receives the tangible personal property (cars, furniture, etc.).

You may need to file a petition asking the court to interpret the will if the executor has does not done so.

Re: holographic will

You haven't explained your facts in much detail. As a result, your question is not clear.

A will is used to dispose of only the property it mentions. However, a residuary clause (which is basically a catch-all) can dispose of everything.

If a will provides for the distribution of certain assets and leaves out other assets (and has no residuary clause) then the assets not provided for will be disposed of via the state's default system of inheritence, also called intestate succession.

Feel free to email me the details if you'd like a more customized explanation.

-Ben

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