Legal Question in Wills and Trusts in California

is a will legal if the person hand wrote some changes and had two people witness and sign to these changes


Asked on 7/08/10, 3:35 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

As a general rule, handwritten changes to a formal witnessed will are not valid. In this instance you are saying that the changes were more formally witnessed, but the general rule probably should still apply because for a handwritten (or holographic) will to be valid it ordinarily must be entirely in handwriting and here it is written as changes to the formal typed will. These are merely genreal rules and I strongly recommend that you consult with an attorney who can review the specific documents with you. I would be happy to discuss this with you further.

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Answered on 7/08/10, 9:05 am
Anthony Roach Law Office of Anthony A. Roach

I would have to review the instrument to be sure. I disagree with Mr. Feldman, in that you may have a valid partial revocation. California's will statutes permit partial revocation. When the testator (the guy who prepared the will) corsses out a provision and writes a new one, the constitutes a revocation of the altered provision and a new disposition.

It would not have to be attested if the original will was holographic, but attestation of the formal will changes may be sufficient.

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Answered on 7/23/10, 9:37 pm


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