![]() ![]() ![]() How Do You Prove That A Handwritten Holographic Will Is Valid? No, under California law a handwritten holographic will does not need to be witnessed. The signature on the document must belong to the testator.ĭoes A Holographic Will Have To Be Witnessed?.The handwriting must be the testator’s.The testator must have had testamentary capacity when they drafted the document.It must be clear that the testator intended the document to serve as their will.In sum, there are four requirements for a valid handwritten holographic will in California: (c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s own handwriting or as part of a commercially printed form will. (2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity. ![]() (1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will. (b) If a holographic will does not contain a statement as to the date of its execution and: (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. California’s holographic will statute, section 6111 of the California Probate Code, states: What Is A Holographic Will?Ī holographic will is a will written in the testator’s handwriting and signed by the testator. Yes, handwritten or “holographic” wills are valid in California. ![]()
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