BILL ANALYSIS
AB 1986
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CONCURRENCE IN SENATE AMENDMENTS
AB 1986 (Silva)
As Amended June 16, 2010
Majority vote
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|ASSEMBLY: |76-0 |(April 5, 2010) |SENATE: |31-0 |(June 24, |
| | | | | |2010) |
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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
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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