A will is how someone shapes their legacy after they are gone. But will requirements in California can make it complicated to determine when a will is and isn’t valid. Fortunately, we’re here to help. At Gokal Law Group, we have been helping clients contest and validate wills for decades so they can secure and defend their inheritance.
Learn the ins and outs of will requirements in this case study.
A Case Study of the Will Requirements in California
The case of the Estate of Berger demonstrates the intricacies of California will requirements. In that case, the appellate court examined whether an unwitnessed and handwritten letter could be considered a valid will under California law.
In August 2002, Melanie Berger wrote and signed a letter addressed “To whom it may concern,” stating her intent to leave all her possessions to her then-fiancée, Maria Coronado. She informed Maria about the letter via email and left a copy for her. The letter lacked the signatures of two witnesses, as is typically required for a valid will in California.
After Melanie’s death in 2020, the letter was discovered by her pastor. Maria sought to probate the letter as Melanie’s will, but Melanie’s sister contested it. The probate court initially denied the petition, citing the lack of witnesses and insufficient evidence of testamentary intent.
However, the Court of Appeal reversed this decision and found that, despite the lack of witnesses, there was clear and convincing evidence that Melanie intended the letter to serve as her will. Factors influencing this decision included the content of the letter, the circumstances under which it was written, and Melanie’s actions in informing Maria about it.
This case underscores the importance of clear testamentary intent and demonstrates that, under certain conditions, California courts may accept non-compliant documents as valid wills. It also demonstrates why it is so important to examine these issues with the help of a will contest attorney.
What This Case Says About Will Requirements in California
Under California probate law, even if a document doesn’t comply with formal will requirements in California, courts can consider outside evidence about the circumstances surrounding its creation to decide if the person who drafted the document intended it to be a will.
This applies even when the document is unambiguous because the court focuses on understanding the overall meaning of the document, not just the specific words in the document. While the trial was correct in admitting extrinsic evidence, it did not have enough evidence to deny the initial petition.
Ultimately, the words in the letter and circumstances surrounding its execution proved that Melanie intended it to constitute the creation of a will, providing important context, as well as an answer to the question, Do wills need to be notarized in California?
“Examining a case like this, we see it as a clear expansion of the courts and their often-rigid view of testamentary instruments. The courts are keen to look at the whole picture to ensure as much equity occurs when dealing with these complex family disputes.” – Alison Gokal, a will contest lawyer in California with nearly 20 years of complex litigation experience and five years experience in probate court.
Premier Will Contest Attorneys in California
Having a thorough understanding of will requirements in California can be the difference-maker in receiving your inheritance. However, these requirements are complex and require considerable expertise and experience to navigate. Fortunately, with the guidance of courtroom veterans like Gokal Law Group, navigating them is never a concern.
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