BILL NUMBER: AB 2248	CHAPTERED  07/01/08

	CHAPTER  53
	FILED WITH SECRETARY OF STATE  JULY 1, 2008
	APPROVED BY GOVERNOR  JULY 1, 2008
	PASSED THE SENATE  JUNE 19, 2008
	PASSED THE ASSEMBLY  APRIL 14, 2008
	AMENDED IN ASSEMBLY  MARCH 24, 2008

INTRODUCED BY   Assembly Members Spitzer and Ma

                        FEBRUARY 20, 2008

   An act to amend Section 6110 of the Probate Code, relating to
wills.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2248, Spitzer. Wills: requirements.
   Existing law requires, except as specified, that a will be in
writing and be signed by the testator, or by another person in the
testator's presence in the testator's name and at the testator's
direction, or by a conservator pursuant to a court order to make a
will. Existing law also requires that a will be witnessed by being
signed by at least 2 persons, each of whom being present at the same
time witnessed either the signing of the will or the testator's
acknowledgment of the signature or of the will and understand that
the instrument they sign is the testator's will.
   This bill would require the witnesses to the will to sign the will
during the testator's lifetime. The bill would also require that a
will that fails to meet the above-described requirements to be
treated as if it has met those requirements if the proponent of the
will establishes by clear and convincing evidence that the testator,
at the time the testator signed the will, intended the will to
constitute his or her will.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6110 of the Probate Code is amended to read:
   6110.  (a) Except as provided in this part, a will shall be in
writing and satisfy the requirements of this section.
   (b) The will shall be signed by one of the following:
   (1) By the testator.
   (2) In the testator's name by some other person in the testator's
presence and by the testator's direction.
   (3) By a conservator pursuant to a court order to make a will
under Section 2580.
   (c) (1) Except as provided in paragraph (2), the will shall be
witnessed by being signed, during the testator's lifetime, by at
least two persons each of whom (A) being present at the same time,
witnessed either the signing of the will or the testator's
acknowledgment of the signature or of the will and (B) understand
that the instrument they sign is the testator's will.
   (2) If a will was not executed in compliance with paragraph (1),
the will shall be treated as if it was executed in compliance with
that paragraph if the proponent of the will establishes by clear and
convincing evidence that, at the time the testator signed the will,
the testator intended the will to constitute the testator's will.