What About My Handwritten Will?

This is a question many people ask, as they want to oversee or produce their own will. Sometimes I meet people who do not work with an attorney for a will, but they will spend time handwriting or typing their own will, with the idea that “something is better than nothing.”

In California, there are various types of wills that are valid. Handwritten wills, or holographic wills, can be valid in California. However just as more complex wills have more complex requirements, handwritten wills have certain requirements to be valid in California. For example: a will that is typed (where the person’s intent is typed) needs to be “attested,” which requires, in part, that two witnesses need to validate the intent of the person’s will.

Can handwritten and typed wills be valid? Yes, however, there are specific requirements a person must follow if this is the intended route. As with any legal decision, it’s important to ensure the process is correctly executed. As always, I am happy to answer questions you may have, or offer a consultation for your specific situation.

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