How are wills determined valid in California?

On Behalf of | Feb 7, 2020 | Estate Planning |

Many California residents rely on the creation of a will to relay their wishes after they pass away. If you have similar plans, you must know how to create a valid will. Each state has its own unique way of interpreting a will’s validity. Today we will take a look at how California goes about it.

In California, creating a will is a straightforward process. You must sign it in your own hand. You must be at least 18 years of age at the time that you write the will itself. You must also be of sound mind when writing the will. If you fit these requirements, then your will is valid. As a note, California does not recognize the validity of nuncupative (oral) wills. Holographic (written) wills also have special requirements before the law considers them valid.

There are two situations in which the law may find you to not be of sound mind. One is if you have a mental disorder with hallucinatory or delusional symptoms. These symptoms must result in you making decisions you would not if you were in your “right mind”. The second situation is if you lack mental capacity. You must be able to understand and remember components of the will. If you cannot, you are not of sound mind.

Creating a will could be one of the most important things you do. You can follow the link here to our web page if you wish to learn more about will creation. This includes the process of creating a will and the legalities you must know to ensure your will is valid.


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