BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1986|
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                                    CONSENT


          Bill No:  AB 1986
          Author:   Silva (R)
          Amended:  6/16/10
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 6/10/10
          AYES:  Corbett, Harman, Hancock, Leno, Walters

           ASSEMBLY FLOOR  :  76-0, 4/5/10 - See last page for vote  
            (Consent) 


           SUBJECT :    Statutory wills:  form

           SOURCE  :     Trusts and Estates Section of the State Bar 


           DIGEST  :    This bill conforms the requirements of the  
          California statutory will form to the provisions of  
          statutory law whereby witnesses to a will are not required  
          to sign the will in each other's presence.  This bill also  
          makes technical revisions to the statutory will form by  
          removing language providing that notarization alone is not  
          sufficient and modifying the form regarding

           ANALYSIS  :    Existing law permits the execution of the  
          California statutory will form to dispose of a testator's  
          property.  

          Existing law provides that witnesses to a California  
          statutory will must be present when the testator executes  
          the will.  
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          Existing law provides that each witness to a California  
          statutory will must sign the will in the presence of the  
          testator.  

          Existing law prescribes the statutory will form, which  
          includes instructions that witnesses must sign the will in  
          each other's presence.  

          Existing law prescribes on the statutory will form that  
          notarization of the form is not enough to satisfy the  
          witness requirement.  Statutory law does not require  
          notarization of the form.

          This bill removes from the California statutory will form  
          the requirement that witnesses must sign the will in each  
          other's presence.

          This bill removes the reference to notarization from the  
          California statutory will form.

          This bill makes a technical modification to the California  
          statutory will form regarding nomination of a guardian for  
          a child under age 18.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/16/10)

          Trusts and Estates Section of the State Bar (source) 


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               Existing law requires that to be valid a will must be  
               witnessed and signed by two independent adult  
               witnesses.  The current statutory will form creates  
               confusion because it could be read to imply that  
               notarization of statutory wills is required.  Under  
               existing law, notarization of a statutory will is  
               neither necessary nor sufficient to satisfy the  
               witness requirement for a valid statutory will.  The  
               statutory will form also states that the two witnesses  







                                                               AB 1986
                                                                Page  
          3

               to the will must sign the will in each other's  
               presence.  There is no requirement under California  
               law that both witnesses sign in each other's  
               presence?.  Further, the existing statutory will form  
               also contains language regarding the appointment of a  
               guardian that has caused some confusion amongst  
               members of the public.


           ASSEMBLY FLOOR :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Blakeslee, Norby, Portantino 


          RJG:nl  6/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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