BILL ANALYSIS
AB 1986
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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