BILL ANALYSIS AB 1986 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1986 (Silva) As Amended June 16, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 5, 2010) |SENATE: |31-0 |(June 24, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY : Makes several minor clarifications to the statutory will form. Specifically, this bill clarifies that the: 1)Required witnesses to the will are not required to sign in each other's presence. 2)Statutory will is not required to be notarized and that notarization does not fulfill the witness requirements. 3)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, whether the child is alive when the will is executed or born after that date. The Senate amendments clarify that notarization does not fulfill the statutory will's witness requirements and the guardianship provision in the will applies to children born after the will is executed. EXISTING LAW : 1)Provides a statutory will form that may be executed by any individual of sound mind over the age of 18. 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. 3)Does not require that the statutory will be notarized. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version approved by the Senate. AB 1986 Page 2 FISCAL EFFECT : None 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. The bill also clarifies that notarization does not fulfill the witness requirements of the will. 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 has even been born. The sponsor believes that this very minor change will help make the form more understandable. Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334 FN: 0004932