A will details the distribution of an individual's possessions that will be given to individuals when they pass, including:
The individuals they chose, and which of their belongings that they are allotting to the other individuals is present in the will.
What is required for a will?
According to §6110(a and b) under the probate code, wills are to be written and must receive the signature of the individual who created the will. If this is not possible,
- The signature of the individual who created the will
- The signature of an individual who is given permission - the owner of the will must be present
- The signature of a guardian that has been mandated by the judge
The will must fulfill § 2580 of the Probate Code
Another requirement for the completion of a will is that there is an observer who can testify that the will received a signature . § 6111 in the Probate Code recognizes that for wills that are produced by hand and were signed by the individual that created the will - which is referred to as a "holographic will," are also lawful and are not dependent upon an observer testifying that the will received the signature .
The Lawfulness of a Will
§6113 gives the qualifications of a will which is considered lawful. For example, §6113(b and c) notes that if the will is in agreement , when it is completed , to what the government decrees as law, then it is legitimate, and if the location in which the will was finished or the individual lived and passed away in, was in concurrence to its laws, the will is considered legal. The many requirements that the completion of a will entails can be confounding at times.
If you or a loved one would like further information on what is involved in the carrying out of a will, you can contact our team at the Law Offices of David A. Shapiro.
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