Legal Question in Wills and Trusts in California
is the will valid?
A relative passed away and a hand-written will was later ''found'' by one of the children. The will had the deceased signature and a date, but no witnesses.
#1)Is is valid and how easy or difficult would it be to challenge the validity?
#2) Since the deceased was an atty, we suspect another will may have been written. If onw were to want it properly recorded, would he have filed it with the courts or something similar to ensure it's validity? If so, how would one go about locating that?
Thank you.
2 Answers from Attorneys
Re: is the will valid?
A handwritten will is valid if the entire thing was written in the handwriting of the deceased. If a later, properly executed will were to turn up, then there would be an issue, but from what you describe, you should now open a Probate with the holographic (fancy name for hand-written) will in your possession.
If you would like assistace at getting the process going, our firm specializes in Wills, Trusts, Estates and Probate. We are located in Pasadena, CA. I can be reached at the email provided by LawGuru or through our firm's website PasadenaEstatePlanning.com
Re: is the will valid?
A handwritten or "holographic" will doesn't need to be witnessed to be valid. And we attorneys aren't any better at making wills than anyone else. You know the saying, the cobbler's kid goes barefoot.
Possibly there could be a will on file at the probate court clerk's office, or with another attorney.
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