Legal Question in Wills and Trusts in California

Last Will & Testament

My cousin died, leaving behind a handwritten list of the way he wanted his estate to be divided. He sent this list to his lawyer and asked him to create his Last Will & Testament. The lawyer, in turn, wrote back saying that he had some questions. My cousin never got a chance to respond. Is this handwritten "will" legally binding? If so, does it have to be filed with probate?


Asked on 5/04/99, 9:50 pm

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

Re: Last Will & Testament

Have an attorney check the list to see if it will qualify as a will. It's probably not a will, because these "holographic" or handwritten wills must show "testamentary intent," meaning the person meant the actual document to be his/her will. This intent may not be there if the paper says "please put the following in my will" instead of "this is my will."

Still, it's worth checking, so contact a probate attorney.

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Answered on 5/05/99, 10:17 pm


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