BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1986|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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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.
CONTINUED
AB 1986
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2
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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