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Enter your question boyfriend of 2 yrs left me a hand writen will leaving it all to me!! is my will valate

Irvine, CA |

he gave a copy to his lawyer who was so post do it!! and letter from the doctor he was in his right mine!! the lawyer didnot finsh it!! will i still get it

Attorney Answers 3

  1. If your boyfriend completed a handwritten will, dated it, and signed it, it is most likely enforceable as a holographic will. You will want to talk to a probate attorney to make sure and also start the process of probate (the court distribution of property of a deceased person), if necessary.

  2. This is a tricky situation. If your boyfriend wrote the document in his own handwriting, signed and dated it, then it is likely a valid will, whether or not the attorney did anything further.

    If it's instructions to the lawyer, then it gets a little trickier. It really depends on the facts of the situation.

    Another issue, of course, is who else is going to challenge the will. If you would like me to review the document, you can get my contact info by clicking on my profile.

  3. The document must meet the folowing provisions to be valid:

    SECTION 6110-6113

    6110. (a) Except as provided in this part, a will shall be in
    writing and satisfy the requirements of this section.
    (b) The will shall be signed by one of the following:
    (1) By the testator.
    (2) In the testator's name by some other person in the testator's
    presence and by the testator's direction.
    (3) By a conservator pursuant to a court order to make a will
    under Section 2580.
    (c) (1) Except as provided in paragraph (2), the will shall be
    witnessed by being signed, during the testator's lifetime, by at
    least two persons each of whom (A) 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 (B) understand
    that the instrument they sign is the testator's will.
    (2) If a will was not executed in compliance with paragraph (1),
    the will shall be treated as if it was executed in compliance with
    that paragraph if the proponent of the will establishes by clear and
    convincing evidence that, at the time the testator signed the will,
    the testator intended the will to constitute the testator's will.

    6111. (a) A will that does not comply with Section 6110 is valid as
    a holographic will, whether or not witnessed, if the signature and
    the material provisions are in the handwriting of the testator.
    (b) If a holographic will does not contain a statement as to the
    date of its execution and:
    (1) If the omission results in doubt as to whether its provisions
    or the inconsistent provisions of another will are controlling, the
    holographic will is invalid to the extent of the inconsistency unless
    the time of its execution is established to be after the date of
    execution of the other will.
    (2) If it is established that the testator lacked testamentary
    capacity at any time during which the will might have been executed,
    the will is invalid unless it is established that it was executed at
    a time when the testator had testamentary capacity.
    (c) Any statement of testamentary intent contained in a
    holographic will may be set forth either in the testator's own
    handwriting or as part of a commercially printed form will.

    6111.5. Extrinsic evidence is admissible to determine whether a
    document constitutes a will pursuant to Section 6110 or 6111, or to
    determine the meaning of a will or a portion of a will if the meaning
    is unclear.

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