Legal Question in Wills and Trusts in California

Original Copies Wills and Trusts

What is the law on the following issue:

There is a Will created in May of '97. Four months later (September '97) there is a Will and an irrevocable trust created.

Problem:

There are no originals for any of the above.

My Concern:

Is it possible that that all would be considered revoked.


Asked on 12/09/02, 11:58 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Original Copies Wills and Trusts

There may be a presumption that they're revoked, which can be overcome by evidence that the testator did not intent to revoke them--this is fairly easy to do unless there is indeed evidence that the testator meant to revoke.

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Answered on 12/09/02, 12:41 pm


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