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
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          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
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          None on file
           

          Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334