Creating a valid will is an important step to ensure that your assets go to your chosen beneficiaries after your death. California law outlines specific requirements for a will to qualify as legally valid. Understanding these requirements helps prevent disputes or complications for your loved ones.
You must write the will
In California, a will must be in writing. Most people have their wills typed and prepared using legal templates, but handwritten wills, also called holographic wills, are also valid under state law. Handwritten wills must clearly demonstrate the testator’s (the person making the will) intent and include their signature.
The testator must have capacity
The person creating the will must be at least 18 years old and mentally competent. Mental competence means the testator understands the nature of their assets, relationships with potential heirs, and the consequences of creating the will. If someone contests a will based on the testator’s capacity, the court examines whether these requirements were satisfied when the testator signed the will.
You must sign the will
The testator must sign the will. If the testator cannot sign due to physical limitations, they may direct another person to sign the will on their behalf. The signing must occur in the testator’s presence and at their request.
You must have the will witnessed
At least two witnesses must observe the testator sign the will or acknowledge their signature. The witnesses must also sign the will. To avoid conflicts of interest, witnesses should not be beneficiaries, though a will does not automatically become invalid if a beneficiary serves as a witness.
Special considerations for handwritten wills
If the testator writes the entire will in their handwriting and signs it, witnesses are not required. However, holographic wills can still face challenges if they are unclear or incomplete.
Ensuring a will complies with these requirements helps avoid costly legal challenges and ensures that your final wishes are carried out.
