BILL ANALYSIS AB 1986 Page 1 Date of Hearing: March 23, 2010 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 1986 (Silva) - As Introduced: February 17, 2010 PROPOSED CONSENT SUBJECT : STATUTORY WILL: FORM KEY ISSUE : SHOULD CALIFORNIA'S STATUTORY WILL FORM BE CLARIFIED IN ORDER TO MAKE IT EASIER TO COMPLETE? FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. SYNOPSIS This non-controversial bill, sponsored by the Trusts & Estates Section of the State Bar, makes several minor clarifications to the statutory will form to avoid any possible confusion with the form and help ensure that statutory wills are properly executed and represent the testator's wishes. There is no known opposition to this technical bill. SUMMARY : Makes several minor clarifications to the statutory will form. Specifically, this bill : 1)Clarifies that the required witnesses to the will are not required to sign in each other's presence. 2)Clarifies that the statutory will is not required to be notarized. 3)Clarifies that the guardian of the person provision in the statutory will form applies if the testator has a child who is under 18 at the time of the testator's death. EXISTING LAW : 1)Provides a statutory will form that may be executed by any individual of sound mind over the age of 18. (Probate Code Section 6200 et seq. All further statutory references are to that code.) AB 1986 Page 2 2)Requires that the statutory will be signed by two or more witnesses and that the witnesses observe the testator signing and sign in the presence of the testator. (Sections 6221-22.) 3)Does not require that the statutory will be notarized. (Id.) COMMENTS : In 1982, California created a form will in statute to make it easier for individuals to make their testamentary wishes known and not die intestate. The statutory will contains questions and answers about the will, as well as instructions for completion. This bill makes some technical changes to the will form that make it easier to understand and help ensure compliance with execution requirements. First, the bill deletes the requirement stated in the form that the two witnesses sign the will in each other's presence. The witnesses are required by statute to observe the testator signing the will and then sign in the testator's presence. However, there is no requirement that the witnesses sign in each other's presence. This bill deletes that requirement from the form, making it consistent with statutory requirements. Second, this bill deletes the notice at the end of the form that states: "NOTARIZATION ALONE IS NOT SUFFICIENT." In fact, notarization is not required at all. The only requirement is that the witnesses observe the testator's signature and sign in his or her presence. As the sponsor states, notarization is neither necessary nor sufficient and the statement at the end of the form only serves to confuse the testator. Finally the bill clarifies that the will provision allowing a testator to nominate a guardian for the testator's minor children applies if, at the testator's death, he or she has a child under 18. It does not matter what the age of the child is when the will is executed or whether a child even exists. The sponsor believes that this very minor change will help make the form more understandable. REGISTERED SUPPORT / OPPOSITION : Support Trusts & Estates Section of the State Bar (sponsor) Opposition AB 1986 Page 3 None on file Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334