Legal Question in Wills and Trusts in California
If a legal will is voided by hand and re written by hand than dated and signed is it in turn legal? The individual is now deceased and the will in question
Asked on 3/23/13, 12:50 pm
4 Answers from Attorneys
Michele Cusack
Pollak & Cusack
A will which is all in the testator's handwriting, dated and signed, does not need witnesses.
Answered on 3/23/13, 3:23 pm
Kelvin Green
The Law Office of Kelvin Green
Holographic wills are legal. The will should be offered into to probate. If it is in question the validity of the will or the previous one will be determined by the court.
Answered on 3/23/13, 3:30 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Ms. Cusack. If all of the material provisions of the will and the signature are the testator's (meaning the person making the will) then the will is valid as a holographic will.
Answered on 3/25/13, 5:20 pm