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What makes a holographic will invalid?

Further, California Probate Code 6111(b)(2) provides that if the testator lacked testamentary capacity at any time when the holographic will might have been executed, the courts will consider the will invalid unless it is shown that the testator had capacity when the will was executed.

What makes a holographic will valid?

Holographic wills are wills that are handwritten and signed by the testator. In California, if the dispositive provisions of the will are written in the testators handwriting, and signed and dated by the testator who is at least 18 years old and of sound mind, then the will is valid.

What makes holographic wills suspect?

Being of sound mind is a crucial provision in determining the validity of a holographic will. Also, a holographic will argued in probate court may not contain the testators final wishes. The decedent may have written the holographic will as a draft or may have utterly forgotten to update it.

What if a holographic will is not dated?

Although a holographic will need not be dated it is advisable to date it because if the holographic will is not dated and an inconsistent will exists, the courts will deem the holographic will invalid to the extent of the inconsistency unless it is shown that the holographic will was executed after the other will.

How do you prove a holographic will?

Proof of Holographic Instrument (DE-135) A person who is familiar with the handwriting of a deceased person uses this to make a sworn statement that handwritten parts of a will were written and signed by the deceased person.

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