Legal Question in Wills and Trusts in California
Undisclosed Will: A Will Without Witnesses
Dear Sir/Madam,I am in great need of your help & advice. My Grandfather did not trust his own family.My grandfather made an Undisclosed Will.This will has provisions for the whole family, An Appointment of two executors. This will was typed by an attorney & notarized by a rubber stamp but there was no signature from the notary public. The will contained my grandfather�s signature on all the pages, but this will did not have a single witness.My Grandfather gave us a copy, the executors & my father are completely denying this will ever existed & are in fact currently using a forgery for probate.We are currently involved in a massive court battle, & they are arguing that the undisclosed will does not constitute to be an actual will, because of the lack of witnesses.The attorney who prepared this will is states that he does not remember such a document I am in need of confirmation that during the month of November & year of 1988, under the laws of California that this form of undisclosed will does in fact constitute to be a valid will, or if there is any other additional information that you can provide that might be helpful is giving this will without witnesses some legal validity. I would sincerely appreciate any advice given to me.
1 Answer from Attorneys
Re: Undisclosed Will: A Will Without Witnesses
In California a typewritten or printed will needs two witnesses to be valid. One exception to this is a holographic will, which does not need witnesses, provided that the will is handwritten. Because this will is not handwritten, it is not holographic and two witnesses are required. Notarization of a will is irrelevant although the notary might qualify as a witness.
Stephen Gruber
Law Office of Stephen C. Gruber
4966 El Camino Real, Suite 101