SB 926, as introduced, Gaines. 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 during the testator’s lifetime 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 understands that the instrument they sign is the testator’s will, except as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6110 of the Probate Code is amended to
2read:
(a) Except as provided in this part, a will shall be in
4writing and satisfy the requirements of this section.
5(b) The will shall be signed by one of the following:
6(1) By the testator.
P2 1(2) In the testator’s name bybegin delete some otherend deletebegin insert anotherend insert person in the
2testator’s presence and by the testator’s direction.
3(3) By a conservator pursuant to a court order
to make a will
4under Section 2580.
5(c) (1) Except as provided in paragraph (2), the will shall be
6witnessed by being signed, during the testator’s lifetime, by at
7least two persons each of whom (A) being present at the same
8time, witnessed either the signing of the will or the testator’s
9acknowledgment of the signature or of the will and (B)begin delete understandend delete
10begin insert understandsend insert that the instrumentbegin delete they signend deletebegin insert that he or she signsend insert is
11the testator’s will.
12(2) If a will was not executed in compliance
with paragraph (1),
13the will shall be treated as if it was executed in compliance with
14that paragraph if the proponent of the will establishes by clear and
15convincing evidence that, at the time the testator signed the will,
16the testator intended the will to constitute the testator’s will.
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